1 


r****** 


THE 


MUNICIPALIST. 


IN    TWO    PARTS. 


L'Etat  c'est  moi : 
Louis  XIV  —  NAPOLEON  I. 

L'Etat  c'est  la  reason : 
FREDERICK  THE  GREAT. 

L'Etat  c'est  la  justice  : 
THE  CONSTITUTION  OF  THE  UNITED  STATES. 


NEW     YORK: 

GEORGE  SAVAGE,  PUBLISHER,  116  NASSAU  STREET. 
ROSS  &  TOUSEY,  AND  DEXTER  &  BROTHER. 

1858. 


Entered,  according  to  Act  of  Congress,  in  the  year  1858, 

BY  GEORGE  SAVAGE, 

in  the  Clerk's  Office  of  the  District  Court  of  the  United  States,  in  and  for 
Southern  District  of  New  York. 


SAVAGE  &  MCCREA,  STKREOTYPEKS, 

13  Chambers  Street,  N.  Y. 


f(s 


TO 

HIS    CHILDREN 

AND 

THE  KISINO  GENERATION 

THE   FOLLOWING   LETTERS 

Snstritoi 

BY  THE  AUTHOR. 


PREFACE. 


IT  is  customary  to  say  that  republics  can  not  exist  without  pub- 
lic virtue.  There  is  much  truth  in  this  saying,  which,  also,  is  ap- 
plicable to  monarchies ;  but,  by  a  careful  study  of  the  history  of 
both,  it  will  be  perceived  that  the  causes  of  the  downfall  of  re- 
publics in  particular,  are  principally  owing  to  their  imperfect  or- 
ganization in  regard  to  three  entirely  material,  and  constantly 
varying  subjects,  namely :  Population,  Size  of  State,  and  its  sub- 
divisions, and  Public  Business,  and  not  exactly  to  a  too  great 
deficiency  of  public  virtue  alone,  because  men,  on  an  average,  are 
the  same,  at  the  time  when  they  set  up  republics,  and  when  they 
suffer  them  to  become  monarchized.  The  difference  is  that,  at  the 
first  epoch,  population,  size,  and  business,  were  adequate  to  the 
republican,  and  at  the  latter  period  to  the  monarchical  form  of 
government.  It  is,  however,  true  and  obvious,  from  all  we  see 
and  read,  that  public  virtue  is,  with  us,  at  a  low  ebb.  Why  is 
this  ?  We  have  schools  for  all,  innumerable  churches,  religious 
meetings  and  publications,  colleges  and  academies  in  all  towns  and 
cities,  books  in  all  houses,  and  newspapers  showering  upon  us  in 
clouds ;  pushed  on  by  a  noble  zeal  for  improvement,  we  organize 
universities,  scientific  associations,  tract  societies,  reading-rooms, 
libraries,  one  after  another ;  still,  the  inestimable  principles  and 
durable  advantages  of  honesty  and  justice  to  communities,  and  in- 
dividuals composing  them,  seem  to  be  lost  sight  of,  and  hence, 
public  corruption  is  constantly  increasing.  Why,  we  ask  again, 


6  PREFACE. 

is  this  ?  It  is  further  true,  that  a  state  institution  is  either  the 
most  powerful  social  agent,  to  promote  the  sense  of  honesty  and 
justice,  the  mother  of  public  virtue,  or  the  most  effective  machin- 
ery to  sow  the  seed  of  vice,  from  which  spring  up  public  corrup- 
tion, broadcast  over  the  land.  History  tells  of  bad  and  good 
states,  of  their  bad  and  good  influences  upon  the  public  morals, 
characters,  and  inclinations  of  men.  A  close  observer  may  dis- 
cern, in  this  regard,  a  great  difference  even  between  our  own 
states,  although  all  are  republics.  Now,  when  we  can  not  deny 
that  our  society,  although  in  the  full  possession  of  the  most  abun- 
dant moral  and  intellectual  means  for  the  general  improvement  of 
which  ever  an  age  could  boast,  from  day  to  day  is  degenerating, 
we  must  necessarily  come  to  the  conclusion  that  our  political  in- 
stitutions, generally  speaking,  are  working  in  the  wrong  direction, 
and  therefore  need  reforming. 

This  conclusion  has  been  virtually  admitted  by  the  legislature 
of  the  largest  state  in  the  Union,  that  of  New  York,  when  re- 
solving, without  a  dissenting  vote,  to  take  the  sense  of  the  people 
on  the  amending  of  the  constitution  at  the  next  November  elec- 
tion. The  press  has  been  teeming  with  loud  complaints  of  public 
corruption,  and  a  deficient  administration  of  justice,  in  fact,  a 
failure  of  the  state  institution  itself.  This  resolve  of  the  legisla- 
ture should,  therefore,  have  not  taken  it,  or  the  citizens,  by  sur- 
prise. A  glance  at  the  commercial  crisis,  the  effects  of  which  are 
still  felt  all  over  the  world,  and  the  role  which  the  banks  and 
judiciary  of  the  empire  state  played  in  it — at  the  legislative  en- 
croachments upon  the  simplest,  clearest,  and  most  sacred  munici- 
pal rights  of  towns  —  at  the  defective  management  of  the  public 
works  —  at  the  overpowering  influence  of  the  lobbies  on  the  legis- 
lature—  at  the  increase  of  public  debt,  taxes,  crime,  and  mobism 
—  at  the  delay,  confusion,  and  corruption,  in  the  judicial  proce- 
dures—  at  the  abuse  of  the  executive  pardoning  power — at  the 
defective  workings  of  the  jury  —  at  the  insecurity  of  life  and 
property ;  a  mere  glance,  we  say,  at  these  crying  evils,  comprised 


PREFACE.  7 

by  the  words  "  public  corruption,"  necessarily  more  acutely  felt 
by  the  legislators  themselves  than  others,  because  more  directly 
evident  to  them,  was  sufficient  to  determine  them  at  once,  without 
waiting  for  renewed  newspaper  discussions,  to  resort  to  the  re- 
vision of  the  constitution,  perhaps  involving  an  overhauling  of 
the  whole  state  machinery. 

The  voting  upon  the  amending  of  the  constitution,  at  this  pe- 
riod of  our  state  history,  is,  therefore,  a  most  important  act  of  the 
people,  because  it  depends  upon  it  to  restore  the  sullied  honor  of 
our  noble  form  of  government,  and  to  check,  in  a  large  measure, 
the  onward  course  of  public  corruption.  We  will  succeed  if  we 
go  earnestly  to  work,  with  a  thorough  knowledge  of  the  causes  of 
the  evil  and  the  way  to  remove  them. 

To  afford,  now,  to  each  voter,  to  each  family,  an  easy  oppor- 
tunity to  inform  themselves  thoroughly  of  those  causes  and  reme- 
dies, and  the  paramount  necessity  of  amending  their  present  con- 
stitution, is  the  aim  of  this  book. 

This,  so  we  thought,  could  not  be  done  better  than  by  a  com- 
prehensive explanation  and  critical  discussion  of  the  American 
system  of  governing,  as  it  originally  is,  that  is,  of  the  federal 
constitution,  the  ruling  guide  for  the  management  of  the  national 
public  business,  and  of  the  state  constitution,  under  revision, 
serving  as  a  guide  for  the  management  of  the  municipal  public 
business,  with  regard  to  the  prevalent  practice  in  both  Congress 
and  state. 

Almost  simultaneously  with  the  legislature  of  New  York,  that 
of  Maryland  resolved  to  take  the  sense  of  the  people  upon  the 
amending  their  constitution  of  1851.  The  vote,  soon  after  cast, 
was  against  a  change.  Both  have  introduced  an  elective  judicia- 
ry ;  from  both  states  come  loud  complaints  of  a  defective  admin- 
istration of  justice !  These  are  significant  signs  on  the  political 
horizon.  If  we  have  exposed  and  explained  them  frankly  as  we 
find  them,  we  did  not  intend  to  reflect  upon  any  man ;  no,  but 
merely  to  show  what  defects,  especially,  in  the  municipal  social 


8  PREFACE. 

organization,  have  been  instrumental  to  produce  the  complained- 
of  results.  We  hope,  therefore,  that  this  book,  written  as  it  is 
from  mere  patriotic  motives,  will  meet  a  patriotic  welcome,  and 
recommend  itself  to  the  candid  and  generous  notice  of  the  press. 

Besides  a  critical  examination  of  these  constitutions,  the  reader 
will  find  in  this  book  general  instructive  remarks  on  the  nature 
and  organization  of  the  public  business,  and  some  important  pub- 
lic documents,  partly  in  connection  with  our  political  fabric  and 
that  of  Europe:  among  others,  "Washington's  Farewell  Ad- 
dress," contrasted  with  Macchiavelli's  celebrated  book,  "The 
Prince." 

By  the  "  crisis,"  the  publication  of  this  book  has  been  delayed, 
which  will  account  for  some  remarks  on  the  last  congressional 
election  and  other  political  events  of  the  time,  when  the  letters  in 
the  first  part  were  written.  It  is  hoped  that  it  will  find  favor 
with  the  readers  of  all  parties,  impossible  as  it  is  to  please  all 
men,  even  when  aiming  at  nothing  but  truth,  i.  e.,  the  exposition  of 
great  principles  and  "  sound  doctrine."  The  words  "  sound  doc- 
trine" taken  from  Paul's  first  letter  to  Timothy,  induce  us  to  re- 
spectfully solicit  the  particular  attention  of  all  Christian  ministers 
to  this  book.  Its  leading  idea  that  the  state  is  set  up  exclusively 
for  the  realization  of  justice  (the  main  source  of  public  virtue), 
has  been  clearly  enunciated  by  Paul,  the  great  propagator  of 
Christianity,  and  real  founder  of  our  Christian  institutions.  More- 
over this  idea  has  been  strictly  followed  up  by  the  framers  of  our 
federal  constitution,  as  shown  in  the  book ;  it  has  been  further 
recognised  and  carried  out  by  those  who  achieved  the  separation 
of  the  state  and  church ;  but  it  has  been,  in  the  course  of  time, 
lost  sight  of  by  Congress  and  states,  and  thus  become  the  cause 
of  most  of  the  public  corruption  and  decline  of  public  virtue  com- 
plained of.  This  to  prove,  in  order  to  show  how  to  stem  the 
dangerous  current,  is  one  of  the  main  objects  of  the  book.  But 
here  it  will  meet  opposition,  and  even  condemnation,  from  many 
sides.  But  time  will  prove  that  Paul  and  the  framers  of  the 


PREFACE.  9 

federal  constitution,  and  those  who  achieved  the  separation  of 
church  and  state,  were  right. 

The  members  of  the  judiciary,  who  are  in  the  habit  of  draw- 
ing wisdom  from  the  classical  fountains,  will  remember  the  line 
of  Virgil:— 

"  Discite  justitiam  moniti,  et  non  temnere  Divos  !" 

We  wish  they  may  please  consider  this  book  as  an  humble 
common-sense  appeal  to  renewed  exertions  for  the  creation  of  a 
dignified,  independent,  American  judiciary,  based  upon  an  indi- 
genous American  common  law,  emanating  from  and  in  harmony 
with  the  great  principle  of  self-government,  and  therefore  in 
many  respects  different  from  the  law  ideas  commonly  prevalent 
in  subject  society. 

To  the  rising  generation  the  book  has  been  dedicated,  and 
therefore  written  in  familiar  letter  style,  because  those  who  are 
just  entering  into  actual  citizen  life  will  have  to  finish  the  work 
of  a  great  political  reform,  which  stern  necessity  is  forcing  upon 
us. 

This  book  is,  as  its  title  indicates,  particularly  devoted  to  the 
great  municipal  interest  of  society.  It  appears  before  the  public 
under  similar  circumstances  which  called  forth  the  Federalist,  then 
working  for  the  abrogation,  of  the  unsatisfactory  articles  of  con- 
federation and  the  adoption  of  the  present  excellent  federal  con- 
stitution. 

The  municipalist  advocates  the  alteration  of  the  present  con- 
stitution of  the  state  of  New  York,  and  its  replacement  by  one 
more  suitable  to  the  urgency  of  the  times. 

Before  we  conclude  these  prefacial  lines  we  owe  to  the  ladies 
a  few  words  of  apology,  for  having  so  often  in  our  letters  invited 
them  to  listen  to  our  political  discussions.  We  belong  to  those 
who  are  convinced  that  the  career  of  a  republic  is  of  a  doubtful 
duration  if  the  whole  population  is  not  penetrated  with  a  suffi- 
cient knowledge  of  its  public  affairs,  to  prevent  them  from  coming 

1* 


10  PREFACE. 

under  the  exclusive  possession  of  a  favored  few  or  control  of 
mere  party  politicians.  In  regard  to  the  importance  of  this 
knowledge  there  is  no  difference  between  the  sexes,  for  women 
have,  if  not  more,  as  much  interest  in  the  well-being  of  families, 
promoted  by  good  government,  as  men. 

We  possess  excellent  constitutional  commentaries  for  students 
and  professionists,  but  none,  to  our  knowledge,  which  is  calculated 
to  promote  an  easy  understanding  of  that  what  is  called  all  over 
the  world  public  or  political  business.  Our  book,  certainly,  is  no 
novel,  no  flashy  literary  product,  but"  a  novelty,  as  the  reader, 
acquainted  with  this  kind  of  literature,  will  find  out.  It  spreads 
notions  and  light  over  that  material  upon  which  the  security 
and  happiness  of  home  and  society  everywhere  are  built.  Such 
a  book  would  not  answer  its  purpose  if  it  should  not  meet  the 
favor  of  mothers  and  daughters  as  well  as  of  fathers  and  sons. 

We  hope,  therefore,  not  to  be  considered  intruding,  if  we  desire 
for  it  a  place  among  the  select  books  of  every  household. 
BROOKLYN,  September,  1858. 


INDEX    TO    SUBJECTS. 


PART    I. 

LETTERS  ON  THE  FEDERAL  CONSTITUTION PAGE  25 

GENERAL  WASHINGTON'S  LETTER  PRESENTING  THE  CONSTITUTION. 136 

A  LETTER  ON  COMMITTEES 138 

A  LETTER  ON  BUSINESS 140 

A  LETTER  ON  ELECTION  IMPULSES 158 

DECLARATION  OP  INDEPENDENCE 161 

GENERAL  WASHINGTON'S  CIRCULAR  LETTER 166 

GENERAL  WASHINGTON'S  FAREWELL  ORDERS 170 

GENERAL  WASHINGTON'S  FAREWELL  ADDRESS 173 

THE  PRINCE,  BY  MACCHIAVELLI 191 


PART    II. 

LETTERS  ON  THE  CONSTITUTION  OP  THE  STATE  OP  NEW  YORK... 203 

A  LETTER  ON  THE  JUDICIARY 251 

A  LETTER  ON  PENAL  COLONIES 289 

A  LETTER  ON  LARGE  CITIES  AND  THE  CONSTITUTION  OF  MARY- 
LAND  294 


CONTENTS. 


PART.  L—  THE  NATIONAL  GOVERNMENT. 


LETTER  I. 

Introduction.  —  Causes  of  the  Letters.  —  Little  Appreciation  of  the  Federal 
Constitution.  —  The  Church  a  Comforter,  but  no  Governor.  —  Restoration 
of  the  Authority  of  Law.  —  Influence  of  Woman.  —  Resistance  against  the 
Execution  of  Laws.  —  Vigilance  Committees. —  Ten-Thousand-Dollar  Sub- 
scription for  Rebellion  in  Kansas.  —  Ancient  Rome.  —  Dangers  to  the 
Constitution  and  Union.  —  Articles  of  Confederation  of  1777.  —  New  Con- 
stitution for  a  Society  of  European  Descendants,  Africans,  and  Indians.  — 
The  Object,  Union  and  an  independent,  powerful  National  Government, 
excluding  all  Municipal  Affairs,  Bond  Labor  included.  —  The  Contents  in 
Seven  Articles PAGE  25 

LETTER  II. 

The  Constitution.  —  Its  Reading.  —  Preamble.  —  Short  History  of  the  Coun- 
try. —  The  Revolution.  —  Necessity  of  a  National  Government.  —  Greeks, 
Romans,  Germans,  Italians.  —  United  States  of  America,  —  Family,  Tribe. 
• —  Constitution  of  the  People,  and  not  of  the  States.  —  Object  of  the  Con- 
stitution.—  National,  municipal,  free,  non-political  or  private  Affairs. — 
Justice.  —  St.  Paul's  First  Letter  to  Timothy.  —  Common  Defence. — 
Subjection.  —  Licentiousness 28 

LETTER  III. 

Congress.  —  Works  in  three  Channels.  —  Legislature. —  Grants.  —  Repub- 
lics.—  Monarchies.  —  Government  preservative,  not  progressive.  —  Scar- 
city of  Solons.  —  Senate  and  House  of  Representatives.  —  Two-Chamber 
System.  —  Qualification  of  Members  of  the  House  of  Representative?. — 
Voting  and  electing,  a  Right  of  Families.  —  Congress  biennial.  —  Qualifica- 
tion, twenty-five  Years  of  Age.  —  Negroes,  their  counting. — Number  of 
Representatives.  —  Census.  —  Large  Legislative  Bodies.  —  Vacancies  filled 
by  the  State  Executive  Action.  —  Speaker.  —  Impeachment.  —  Importance 
of  the  House  of  Representatives.  — Ladies.  —  Decorum 32 


14  CONTENTS. 

LETTER  IV. 

Senate.  —  Organization.  —  Each  Senator  has  one  Vote. — No  Right  of  the 
State  to  instruct  them.  —  Election  by  the  States.  —  One  third  of  the  Sen- 
ators to  be  chosen  every  second  Year.  —  Temporary  Appointments.  —  Age 
of  thirty  Years.  —  Vice-President,  President  of  the  Senate.  —  Impeach- 
ment.—  Election.  —  Annual'  Sessions  of  Congress,  and  the  Parliament  in 
Great  Britain. — Difference  between  Congress  and  the  House  of  Parlia- 
ment in  Great  Britain.  —  Senate  an  executive  Council.  —  British  private 
Council 39 

LETTER  V. 

Election  Returns.  —  Quorum.  —  Order  of  Sessions. — Rules  of  Proceedings. 
—  Decorum.  — Expelling  of  Disorderly  Members.  — Journal.  —  Yeas  and 
Nays.  —  Factitious  Legislation  should  be  Resented. — Adjournment. — 
Compensation.  —  Privileged  from  Arrest. —  No  Questioning  for  any 
Speech.  —  Speeches  for  Party  Purposes.  —  Members  of  Congress  ex- 
cluded from  Offices.  —  Exalted  Mission  of  Congress.  —  Influence  of  La- 
dies  42 

LETTER  VI. 

Bills  of  Revenue  in  both  Houses.  —  British  Imitation.  —  Veto.  —  All  Presi- 
dents have  used  it.  —  Its  Advantages  in  Regard  to  Factitious  Legislation. — 
Repassing  Bills.  —  Punishment  of  Unconstitutional  Legislation.  —  Two- 
third  Vote.  —  Parties,  -r-  How  to  get  an  Office.  —  Electors.  —  Political 
Brokers.  —  Strict  Morality  in  obtaining  Offices  nowhere.  —  How  they  are 
bestowed  in  Monarchies  and  Republics.  —  Faction,  its  Danger.  —  Aboli- 
tionists a  Faction.  —  Custom  in  England  that  Ministers  resign  when  de- 
feated in  Parliament,  to  be  imitated  in  the  United  States 45 

LETTER  VII. 

Congressional  Business  or  Powers.  —  Political  Institutions.  —  United  States, 
States,  Counties,  Towns,  Cities,  Villages.  —  Conflicts  between  them. — 
Supreme  Court  the  Arbiter.  —  Kansas  Troubles.  —  Direct  and  Indirect 
Taxation.  —  Paying  Debts.  —  Estimates.  —  Tariffs.  — Direct  Taxation  un- 
popular. —  Protective  and  Prohibitive  Tariffs 51 

LETTER  VIII. 

Contracting  Debts.  —  States  to  pay  as  they  go.  —  Regulation  of  Commerce 
at  Home  and  Abroad.  —  Law  of  Mutuality.  —  The  Self-preservation  of 
Nations 53 

LETTER  IX. 

Naturalization  and  Bankruptcy  Laws.  —  Foreigners.  —  Declaration  of  In- 
tention to  become  a  Citizen.  —  Congress,  and  State-citizenship  Laws.  — 


CONTENTS.  15 

Family  Suffrage.  —  American  Woman's  Influence.  —  Credit.  —  Congress 
not  true  to  their  duty. — Legislation  of  the  several  States  on  Bankruptcy 
Suppletive.  —  France.  —  Germany.  —  President  Buchanan's  Message  on 
a  Congressional  Bankruptcy  Law.  —  Congressional  Committee  report 
against  it.  —  Denies  the  Power  of  Congress .56 

LETTER  X. 

Coining  Money.  —  Its  Value.  —  Standard  of  Weights  and  Measures.  — 
Mints.  —  Assay  Offices.  —  Decimal  Coinage.  —  Counterfeiting.  —  Punish- 
ment. —  Post-Offices.  —  Post-Roads.  —  Roman  Custom.  —  Mail  Lines.  — 
Competition.  —  Internal  Improvement  Policy 59 

LETTER  XI. 

Sciences  and  Useful  Arts.  —  Copyright.  —  Patents.  —  Progress  of  Science. — 
Ripening  of  the  Understanding.  —  Locke. —  Smithson.  —  His  Legacy 
Anti  American.  —  Political  Patronage  of  Arts  and  Sciences  in  Europe. — 
Goethe.  —  Fourierism 61 

LETTER  XII. 

Inferior  Courts.  —  United  States  District  Courts.  —  Piracies.  —  Felonies. — 
Law  of  Nations.  —  Ocean  Police.  —  Branches  of  the  Ocean.  —  English 
Law  curiosity.  —  War.  —  Letters  of  Marque  and  Reprisal.  —  Captures  on 
Land  and  Water. — Justice  the  end  of  Wars.  —  Court  of  Nations. — Ju- 
risdiction of  Congress.  —  War  defensive  or  aggressive.  —  Property  of  Neu- 
trals  64 

LETTER  XIII. 

Armies.  —  Appropriation  of  Money  for  them  Biennial.  —  The  United  States 
disliked  by  Monarchs. — Necessity  of  Protection.  —  Navy. — Not  exactly 
needed  for  the  Protection  of  Commerce.  —  The  Hanse  Towns  without  a 
Navy.  —  Land  and  Naval  Forces.  —  Militia.  —  Crimean  War.  —  Serf  Sol- 
dierSp  —  Discipline.  —  Training  of  the  Militia. -—Equal  confidence  in  Con- 
gress as  in  State  Governments.  —  Christian  brotherly  Love. — Priests..  .67 

LETTER  XIV. 

District  of  Columbia.  — Exclusive  Legislation  over  it  and  Forts,  Magazines, 
Arsenals,  Dock-yards.  —  Paris.  —  German  Diet  in  a  Free  City.  —  Legis- 
lative Powers  concerning  all  National  Business.  —  Sophists  and  Cavil- 
lers  70 

LETTER  XV. 

Interpretation  of  the  Grant.  —  Congress,  the  Agent  of  the  People,  who  re- 
main the  Proprietors.  —  Rights  of  Self-government.  —  National  Bank. — 
Precedents.  —  Shoemaking  in  Time  of  War.  —  Expediency.  —  National 
Banks  in  England,  France,  Russia,  Austria,  Prussia.  —  Public  Debts.  — 
Washington. — Jackson.  —  Good  Temper  in  Public  Affairs. — Pulpit. — 
Ladies...  71 


16  CONTENTS. 

LETTER  XVI. 

Migration  and  Importation  of  Persons.  —  Importation  of  Slaves  declared 
Piracy.  —  Slave  Labor,  disposing  of,  in  the  States.  —  Habeas  Corpus.  — 
Rebellion.  —  Invasion.  —  Middle  Ages.  —  Rogues.  —  Charles  I.  —  Attain- 
der and  "  Ex-Post-Facto"  Bills.  —  Habeas  Pursam 74 

LETTER  XVII. 

Negative  Provisoes.  —  Capitation  Tax.  —  Free  Commerce  and  Navigation 
between  States. — Appropriation  Laws.  —  Title  of  Nobility.  —  Presents 
to  Officials  from  Foreign  Princes 76 

LETTER  XVIII. 

Checks  upon  State  Legislation  in  regard  to  Treaties.  —  Alliance. — Money 
of  Metal  and  Paper. — Attainder.  —  Ex-post-facto  Laws.  —  Contracts. — 
Nobility.  —  English  Banking.  —  State  Banks.  —  Merchants  make  their  own 
Paper  Money.  —  Clearinghouses.  — Political  Defaulters.  —  Homes,  where 
best 78 

LETTER  XIX. 

Honesty.  —  Checks  upon  State  Legislation  in  regard  to  Imports,  Duties, 
Exports  (under  control  of  Congress),  Tonnage,  Soldiers,  Navy,  Treaties, 
War.  —  German  National  Congress  at  Frankfort.  —  Greek-  Confedera- 
tions. — United  States  and  States  separate  Business  Concerns.  —  Wicked 
Men.  —  Well-informed  Women 79 

LETTER  XX. 

Executive.  —  President.  —  Vice-President.  —  Their  Election.  —  Term  of 
Four  Years.  —  No  Titles.  —  Santa  Anna.  —  Vulgar  Political  Papers.  — 
Respect  of  Public  Officers. — English  Grumbling.  —  Second  Term. — 
Swiss  Presidential  Election , 82 

LETTER  XXI. 
Electors.  —  How  Chosen.  —  Qualification  of  Presidential  Candidates 84 

LETTER  XXII. 

Presidents  advanced  in  Age.  —  Mrs.  Phelps.  —  Mrs.  Strickland.  —  Mrs. 
Willard.  —  Mrs.  Howe.  —  Mrs.  Hale.  —  Presidential  Vacancy.  —  Acting 
President.  —  Non-election.  —  Salar}-.  —  Honesty  of  the  American  Presi- 
dents. —  Oath.  —  Spirit  of  Urbanity 86 

LETTER  XXIII. 

Presidential  Functions.  —  Commander-in-chief  of  the  Army  and  Navy  and 
Militia.  —  Opinions  of  the  Heads  of  the  Departments.  —  Reprieves.  — 
Pardons.  —  The  Union  a  Government,  no  League.  —  Prompt  Protection 
analogous  to  Police.  —  State  Governors  Commanders-in-chief.  —  Treaties. 


CONTENTS.  17 

—  Consent  of  two-thirds  of  the  Senate. — Jefferson.  —  Hamilton.  —  Re- 
moval from  Office.  —  Treaty  with  France. — French  and  English  Alli- 
ance. —  Slave  Treaty.  —  Vacancies 88 

LETTER  XXIV. 

Messages. —  Ambassadors. —  Commissions. —  Chateaubriand.  —  Impeach- 
ment of  President,  Vice-President,  and  other  Officers,  for  Treason,  Bribery, 
or  other  high  Crimes  and  Misdemeanors.  — Pensions 92 

LETTER  XXV. 

Officers,  their  desire  to  earn  Money  like  the  rest. — Parties  kept  together  by 
monied  Interest.  —  Majority  in  Elections.  —  Right  to  the  Spoils.  —  Oppo- 
sition to  the  Party  in  Power.  —  Court  Favor  in  Monarchies.  — Election  Ex- 
penses. —  Difficulties  in  filling  Offices.  —  Catherine  de  Med'icis.  —  Chancel- 
lor Hopital.  —  Selling  of  Offices.  —  Swiss  sell  Offices.  —  Self-government 
curtails  Offices.  —  Paul.  —  Parties  outside  the  Constitution.  —  Platforms.  — • 
Logrolling.  —  Party  should  cease  in  Congress  when  sworn  in.  —  Presiden- 
tial Patronage.  —  Political  Martyrs  a  Nuisance.  —  Factitious  Speaking.  — 
Demagogues.  —  American  Women.  —  Benjamin  Franklin.  —  Office-seek- 
ing   94 

LETTER  XXVI. 

Judiciary.  —  Supreme  Court.  —  Inferior  Courts.  —  Salaries.  — Appointed 
during  Good  Behavior.  —  Judiciary  a  Product  of  State.  —  Elective  Judges 
inclining  to  favor  Mobism.  — Public  Morals  under  an  Elective  Judiciary .  96 

LETTER  XXVII. 

National  Judicial  Business.  —  Court  of  Claims.  —  Checks  upon  State  Wars .  98 

LETTER  XXVIII. 

National  original  Jurisdiction.  —  Appellate  Jurisdiction.  —  Sovereign  Scru- 
ples.—  Jurisdiction  makes  no  Subjects.  —  Jury  Trial  of  Crimes.  —  Place  of 
Trial.  —  Abolitionists.  —  Magna  Charta.  —  Runneymede 101 

LETTER  XXIX. 

Treason,  no  Attainder. — Forfeiture.  —  Kansas.  —  Utah.  —  Madness,  its  fair 
play.  —  Rebellion.  —  Vigilance  Committees.  —  Major  Andre".  —  Washing- 
ton and  his  Steward.  —  Justice 103 

LETTER  XXX. 

Public  Faith.  —  Natural  Rights  of  Citizens.  —  Acts.  —  Records.  —  States  are 
exclusive.  —  Clanish  Nationalities.  —  Union  Sentiments.  —  Privileges  and 
Immunities  Mutual.  —  Missouri  Compromise.  —  Fugitives  from  Justice, 
their  Extradition.  —  Treaties.  —  Mutual  Control  shared  by  the  Women. — 
Sharpe's  Rifles.  —  Slip-shod  Sermons 105 


18  CONTENTS. 

LETTER  XXXI. 

Man  given  to  Lying.  —  Imperfect  Laws. — Force  opposed  to  Law. — Fugi- 
tives from  Service  and  Labor,  their  Extradition.  — Apprentices.  —  Sailors. 

—  Bound  Laborers.  —  Claim  upon  them  for  Outlay,  to  be  respected  and 
protected  by  all  Civil  Governments.  —  Property-right  to  Labor-forces.  — 
Its  Market  Price. — Property-right  of  Parents  to  the  Use  of  the  Labor- 
forces  of  their  Children.  —  Bound  Labor  is  Personal,  Serfdom  is  Glebose. 
Abolition  Agitation  is  Glebose.  —  Englishmen  and  Russians  are  Glebose.  — 
Territorial  Feudal   Rights. — Free  Labor-force,  increased  by  Migration. 

—  Gradually   extending    South. —  Seigneurs. — Manor-born    Subjects. — 
Labor  in  Spain  and  Portugal  and  the  Southern  States. — Jamaica.  —  Few 
real  Free  Men.  —  Immense  Number  of  Laws.  —  Europeans  are  Subjects 
or  Matter.  —  Captain  Ingraham.  —  Austrian  Emperor.  —  English  King  in 
the  War  of  1812.  —  English  Abolitionism  explained.  —  American  Society 
Africanized  by  Abolition  of  Slavery.  —  Duke  of  Southerland. — Property 
in    Man. — Men    of   Property.  —  Loafers.  —  Hereditary    Governments. — 
France.  —  Subordinate  Races.  —  Difference  between  Monarchies  and  Re- 
publics. —  Industry  of  the  Southern  People.  —  Savage  Men,  their  Training 
by  Industry.  —  Manumission  of  Bound  Laborers.  —  Serfs  sold  with  Prop- 
erty, and  belong  to  it.  — Judge  Loring.  —  Travelling  with  Bound  Servants. 

—  Africa  no  Place  forCulturing  their  Savage  Inhabitants.  —  Not  improved 
by  the  Greeks  and  Romans.  —  Frenchmen.  —  Bound  Labor  is  under  Mu- 
nicipal Government.  —  A  Bound  Laborer  is  no  Citizen.  —  Territories. — 
Missouri  Line.  —  District  of  Columbia.  —  Fanaticism  in  Law-making. — 
Party  Press. — Boston  Journal  in  favor  of  Constitutional   Monarchy. — 
Canadian  Paper  prognosticating   the  end  of  the  Union. — Nobility  after 
Abolition  of  Bound   Labor.  —  King   Bomba,  Emperors  of  France,  and 
Austria,  and  Hayti.  —  Boston  Notions.  —  American  Women 108 

LETTER  XXXII. 

Annexation  of  Texas.  —  Portentous  in  regard  to  the  Union.  —  New  States.  — 
Their  Admission  into  the  Union.  —  Territory.  —  Land  Surveying.  —  Indian 
Territory.  —  Indian  Agents.  —  Indemnification.  —  Selling  of  Land.  —  Cul- 
ture of  Indians  impossible  in  their  own  Country. — ?  Acquisition  of  Foreign 
Country.  —  Florida.  —  Louisiana.  —  Mexico.  —  Division  of  States. —  Over- 
grown Municipal  States,  as  New  York,  Ohio,  Pennsylvania.  —  Mutual 
Control  and  Power  of  Self-government  lost  therein.  —  France.  —  Monar- 
chies with  blended  National  and  Municipal  Business. — Increase  of  Free 
States  compared  with  that  of  Slave  States 118 

LETTER  XXXIII. 

Territories.  —  Their  Disposal  and  Regulation.  —  Three  Periods.  —  Indian 
Policy. — Territorial  Policy.  —  State  Policy. — Kansas  Nebraska  Act. — 
Missouri  Compromise  not  Constitutional.  —  Dred  Scott  Case 122 

LETTER  XXXIV. 

Guaranty  of  a  Republican  Form  of  Government.  —  Protection  against  In- 
vasion and  Domestic  Violence.  —  Switzerland.  —  Hanse  Republics.  — 


CONTENTS.  19 

Monarchs.  — Greeks.  —  King  Philip.  —  Amphyctionic  Congress.  —  Euro- 
pean Opinion  of  the  American  Political  System.  —  "Rev.  T.  S.  Hughes's 
Opinion.  —  Dangers  of  our  Republic  to  the  whole  World 126 

LETTER  XXXV. 

Amending  the  Constitution.  —  Check  upon  large  States.  —  Public  Debts. — 
Supreme  Law  of  the  Land.  —  Higher  Law  Reveries.  —  Religious  and 
Moral  Precepts.  —  Channing.  —  Philosophical  Opinions  and  Truths,  no 
Law.  —  Sharpe's  Rifles 128 

LETTER  XXXVI. 

Official  Oath.  —  Religious  Test  abolished.  —  Party.  —  Unconstitutional  Plat- 
forms.—  Sliding  Constitutions  or  Platforms.  —  Perjury.  —  Chaplains. — 
Object  of  Religion. —  Separation  of  Religion  from  the  State. —  E  Pluribus 
Unum. —  Norvus  Ordo  Seculorum  — Religious  Intolerance. —  Ratification 
by  a  Majority  of  the  States.  —  No  Preference  of,  or  Difference  between, 
the  Old  and  New  States 130 

LETTER  XXXVII. 

Exceptions  and  Mob  Commotions  against  the  Constitution.  —  Bill  of  Rights. 
—  Amendments.  —  Religious  Establishment.  —  Freedom  of  Speech  and  of 
the  Press.  —  Assembling.  —  Petition.  —  Great  Britain.  —  Municipal  Le- 
gislation. —  Right  to  bear  Arms.  —  European  Legislation.  —  Municipal. — 
District  of  Columbia.  —  Quartering  of  Soldiers  in  Time  of  Peace.  — 
Unreasonable  Searches  in  Houses.  —  Grand  jury  Indictment.  —  Double 
Trials  — Process  of  Law. — Private  Property  for  Public  Use.  —  Muni- 
cipal Legislation.  —  Speedy  Public  Trial  by  Jury.  —  Witnesses.  —  Coun- 
sel.—  Trial  by  Jury  in  $20  Cases. — Blackstone.  —  Excessive  Bail. — 
Enumeration  of  Certain  Rights.  —  Powers  reserved  to  the  States.  —  Ex- 
tension of  the  Judicial  Power. — Electors.  —  Presidents  compared  with 
Crowned  Heads. —  Executive.  —  Judiciary  compared  with  the  Legislative 
Branch.  —  Stability  of  the  Federal  Constitution 132 

LETTER  XXXVIII. 

Washington's  Letter  to  Congress  with  the  Constitution. — Duties  of  Con- 
federated States  and  Individuals.  —  Consolidation  of  the  Union.  —  Spirit 
of  Amity  and  Mutual  Deference.  —  Marriage.  —  No  Industry  secure  with- 
out the  Political  Organization  of  Society 136 

LETTER  XXXIX. 

Committees.  —  Appointed  in  the  House  by  the  Speaker,  in  the  Senate  by 
Ballot.  —  The  Committee  of  Ways  and  Means.  —  Standing  Committees. 
—  Select  Committees.  —  Committee  of  the  Whole  —  Three  times  Read- 
ing of  Bills.  —  Massachusetts.  —  Twenty-nine  Standing  Committees. — 
Accusations  of  Fraud,  Corruption,  Bribery.  —  Judiciary.  —  English  Cus- 
tom... ..138 


20  CONTENTS. 

LETTER  XL. 

Knowledge.  —  Commerce.  —  Money.  —  Cotton. —  Business  is  King.  —  Politi- 
cal Business.  —  Politicians.  —  Statesmen.  —  Genuine  and  Bogus  Politics.  — 
Commander  Maury's  Letters.  —  Dead  Sea.  —  Telescopes.  —  Camels.  — 
Whales.  —  Patents.  —  Patriotism.  —  Hard  Times.  —  High  Salaries.  — 
Scarcity  of  Talent.  —  Consolidating  Cities. — Political  and  Private,  or 
Free  Non-political  Business.  —  What  it  is. — French  Emperor.  —  Pennsyl- 
vania selling  State  Works.  —  General  Welfare.  —  Canals.  —  Competition. 

—  Railroads.  —  Public  Debts.  —  National  Political  Business.  —  Congress. 

—  Representative  System.  —  Municipal  Political  Business.  —  State  Legis- 
lature. —  Executive.  —  Judiciary.  —  Organizer.  —  Subdivisions.  —  Coun- 
ties. —  Towns.  —  Representative.  —  Counties.  —  Political   County   Busi- 
ness. —  Legislative.  —  Executive.  —  Judicial.  —  Overseer. —  Supervisor. — 

.County  Court.  —  Representative.  —  Townships.  —  Political  Town  Busi- 
ness. —  Threefold.  —  Mayor.  —  Aldermen  or  Selectmen.  —  Democratic 
Representative.  —  Working  Districts.  —  State  Failure.  —  Self-taxation.  — 
Hamburg.  —  Cities.  —  Villages.  —  Size  of  States,  Counties,  Towns.  — 
Philadelphia.  —  New  York.  —  Centralization.  —  Mutual  Control.  — Euro- 
pean Large  Places.  —  Monarchy.  —  Its  Philosophy  and  Substance.  — Japa- 
nese Cities.  —  Commodore  Perry's  Report.  —  Hakodadi.  —  Political  Arith- 
metic and  Geometry.  —  Measure  for  Private  Affairs.  —  Crisis.  —  Crash 
of  the  Largest  Business  Concerns.  —  Size  of  State  Confederations.  — 
Congress  meddling  with  Non-political  and  Municipal  Local  Business. 

—  American    Ladies.  —  Character  of   Free    Non-political    Business.  — 
Science,  Arts,  Culture,  Religion,  Commerce.  —  Society   Progressive.  — 
States  Protective.  —  Monroe  Doctrine.  —  Licenses.  —  Liberty  of  Industry 
in  China,  Japan,  European  States.  —  Publius.  —  Cantons  in  Switzerland. 

—  Republics,  when  consolidated  Monarchy.  —  Great  Britain  consolidated 
England,  Ireland,  Scotland,  Wales.  —  Mr.  D'Israeli.  —  Napoleon  III. — 
Missouri    Compromise.  — Division    of    States.  —  Stability    of    Govern- 
ment  140 

LETTER  XLI. 

Election  Impulses.  —  Social  Movements  organized  in  the  United  Sta'es, 
Health  producing.  —  Social  Movements  in  Eunjpe  destructive.  —  Famine, 
Gold,  Conquest,  Religion,  Liberty.  —  Main  Social-Impulses.  —  Liberty- 
Inipulse  of  the  Republican  Party.  —  American  Party  acting  unimpulsive. 

—  Dear  Union-Impulse  of  the  Democratic  Party 158 

LETTER  XLII. 

Declaration  of  Independence.  —  Defining  of  the  Position  of  the  Young  Na- 
tion.—  Explanation  of  the  Sentence,  "  that  all  men  are  born  equal."  — 
Jefferson's  Letter  explaining  it 161 

LETTER  XLIII. 

Federalist.  —  Hamilton.  —  Monroe.  —  Jay.  —  Washington's  Circular  Letter 
to  the  Governors  of  the  several  States.  —  Articles  of  Confederation  a  loose 


CONTENTS.  21 

Wickerwork.  —  Enviable  National  and  Political  Condition  of  the  Citizens 
of  America.  —  Civilization. — A  Compact  Indissoluble  Union,  a  Sacred 
Regard  to  Public  Justice,  a  Proper  Peace  Establishment,  a  Good  Friendly 
Mutual  Feeling  among  the  People,  the  Four  Essential  Things  to  the  Well- 
Being,  Existence,  and  Independent  Power  of  the  United  States.  —  Liberty 
is  the  Basis  of  the  Whole.  —  Crisis,  Political  and  Monetary 166 

LETTER  XLIV. 

Defenders  of  the  Country.  —  Popularity.  —  Citizen-soldier.  —  Standing-Ar- 
my-Soldier. —  Washington.  —  Frederick.  —  Napoleon.  —  Conquest.  — 
Vain-glory.  —  Universal  Peace.  —  Dualistic  Nature  of  Man.  —  Farewell 
Orders  to  the  Armies  by  Washington.  —  Review  of  the  Past  Struggle.  — 
Conduct  for  the  Future 170 

LETTER  XLV. 

Washington  elected  President.  —  Organization  of  the  General  Government. 

—  Retires  from  the  Presidency.  —  His  Farewell  Address  to  the  People  of 
the  United  States,  Sept.  17,  1796 173 

LETTER  XLVI. 

The  Prince  by  Macchiavelli.  —  Parallel  between  the  Farewell  Address  and 
the  Prince.  —  Prof.  Lieber.  —  Anti- Macchiavelli  by  Frederick  the  Great. 

—  The  Barbarians  in  Italy.  —  Difference  between  the  American  and  Euro- 
pean State-systems.  —  Legitimacy.  —  Congress  of  Vienna 191 


PART.   II.— MUNICIPAL   GOVERNMENT. 


LETTER  I. 

Object  of  a  State  Constitution.  —  Introduction  to  the  Constitution  of  the 
State  of  New  York.  — Preamble.  —  Union-Slighting 203 

LETTER  II. 

Bill  of  Rights.  —  Peers.  — Jury.  —  Disagreeing.  —  Acquittals. —  Liberty  of 
Conscience  and  Worship.  —  Habeas  Corpus.  —  Injunctions.  —  Bail.  — 
Grand  Jury.  —  Protection  of  Private  Property.  —  Pauperism.  —  Char- 
ity  206 

LETTER  III. 

Compensation  for  Private  Property  when  taken  for  Public  Use. — Roads. — 
Liberty  of  the  Press.  —  Libels. — Assembling  and  Petition  Right. — 
Divorce.  —  Lottery. —  Escheats. —  Feudal  Tenures. —  Allodiums. —  Leases 
of  Land.  —  Fines.  —  Quarter  -  Sales.  —  Indian  Land  -  Sales.  —  Common 


22  CONTENTS. 

Law. —  Colonial  Law.  —  Royal  British  Grants.  —  Property  Laws. — 
American  Common  Law.  —  Rights  of  Self-Government. — Prohibition 
of  Foreign  Laws.  — The  Church  Poor-Laws.  —  State  Scholars 213 

LETTER  IV. 

Elective  Franchise.  —  Restrictions.  —  Citizenship.  —  Ballot.  —  Family  voting 
right.  —  Woman.  —  Connecticut.  —  Christianity.  —  Polygamy.  —  Utah.  — 
Kansas  Scandals 219 

LETTER  V. 

Legislature.  —  Senate.  —  Districts.  —  Census.  —  Apportionment.  —  Assem- 
bly Districts.  —  Compensation.  —  Civil  Appointment.  —  Congressional  Of- 
ficers.—  Election  Time.  —  Quorum. — Journal.  —  Originating  of  Bills. — 
Enacting  Clause.  —  Majority.  —  Private  Bills.  —  Legislative  Powers  of  the 
Supervisors.  —  County  Election  District.  —  Family  Census. — France. — 
Connecticut.  —  Aristotle.  —  Greeks 223 

LETTER  VI. 

Executive.  —  Governor's  Duties.  — Legislative  Committees.  —  Lieutenant- 
Governor.  —  Eligibility.  —  Commander-in-Chief.  —  Messages.  —  Salary.  — 
Navy.  —  Army.  —  Execution  of  Laws.  —  President  of  the  Senate.  —  Re- 
prieves. —  Pardon.  —  Impeachment.  —  Veto 232 

LETTER  VII. 

Administrative.  —  Secretary  of  State.  —  Comptroller.  —  Treasurer.  —  At- 
torney-General.—  Election.  —  Salary.  — English  Circumlocution. — Proper 
Administrators.  —  American  System.  —  Representative  and  Non-Repre- 
sentative Officers. —  State  Engineer. —  Surveyor. —  Canal  Commissioners. 

—  State-Prison    Inspectors.* — Land   Office. —  Canal  Fund. —  Local  In- 
spectors  238 

LETTER  VIII. 

Judiciary.  —  Impeaching.  —  Court  of  Appeals.  —  Supreme  Court.  — Judi- 
cial Districts.  —  Salary.  — Election.  —  Testimony.  —  Removing.  —  Vacan- 
cies. —  Modes  of  appointing  Judges 243 

LETTER  IX. 

County  Judge.  —  Webster.  —  Surrogate.  —  Local  Officers.  —  Inferior  Courts. 

—  Justices  of  the  Peace.  —  Clerks. — Files  to  be  sent  into  the  Court  of 
Appeals.  —  Publication  of  Statutes.  —  Code  of  Procedure.  —  Tribunals 
of  Conciliation.  —  Revising  Laws.  —  Systems  of  Judiciary 246 

LETTER  X. 

Remarks  on  the  Organization  of  the  Judiciary  in  States,  Counties,  and  Towns 
in  general.  —  English  Judiciary.  —  Bad  Legislation.  —  Daniel  O'Connell. 


CONTENTS.  23 

—  Aula  Regis.  —  Reform  by  the  Federal  Constitution.  —  District,  Circuit, 
and  Supreme  Courts.  —  Municipal  Judicial  Business,  Civil  or  Criminal.  — 
Its  Distribution  among  Towns,  Counties,  and  States.  —  Abolition  of  the 
present  Single  Judicial  Offices..— Reasons  for  it. — Webster.  —  Moses. — 
Solon. —  Justinian.  —  Napoleon  I.  —  Frederick  II.  — Joseph  II.  — Russell. 

—  Thompson.  —  Brady.  —  Law : .251 

LETTER  XI. 

Finance.  —  Revenues  of  the  State  Canals.  —  Sinking  Fund.  —  General  Fund 
Debt.  —  State  Stock  Loaned  to  Incorporated  Companies.  —  Selling 
Canals 256 

LETTER  XII. 

Salt  Springs.  —  Appropriation  Laws.  —  State  Credit. — Borrowing  Money. 

—  Invasion.  —  Debt  Laws.  —  Voting  upon 260 

LETTER  XIII. 
Taxes.  — Voting  on  Debt  and  Tax  Laws 262 

LETTER  XIV. 

Corporations.  —  General  Law.  —  Banking  Corporations.  —  Suspension  of 
Payment.  —  Registry  of  Bills.  —  Paper  Money.  —  Insolvent  Banks. — 
Boards.  —  Conflict  of  State  Laws,  and  the  Federal  Constitution,  respecting 
Banks  of  Issue.  —  Paper  and  Metallic  Money.  —  Credit  System. — Agri- 
culture. —  Hunt's  Merchants'  Magazine 263 

LETTER  XV. 

Cities.  —  Villages.  —  History.  —  Superceded  by  a  Judicious  Organization  of 
Towns  and  Counties.  —  Saving  of  Taxes 270 

LETTER  XVI. 

Education.  — Funds.  —  Instruction.  —  Communes.  —  Girard.  — Peabody.  — 
Cooper.  — Popular  Education.  —  Popular  Sovereignty 272 

LETTER  XVII. 

Local  Officers.  —  Sheriffs'  Clerks.  —  County,  City,  Town,  and  Village  Offi- 
cers. —  Their  Election.  —  Vacancies.  —  Political  Year.  —  Removal.  — 
Vacant  Offices.  —  Metropolitan  Police  Law 276 

LETTER  XVIII. 

Militia. — Religious  Denominations.  —  Higher  Law.  —  Appointment  of  offi- 
cers. —  Major-Generals.  —  Commissary-General.  —  Commission 279 

LETTER  XIX 

Oaths.  —  Test.  —  Abuse  of  Oaths.  — Literal  Interpretation.  —  Scandal  in 
Courts..  ..281 


24  CONTENTS. 

LETTER  XX. 

Amendments.  —  Miscellaneous.  —  Election  Results  in  Regard  to  Migration.  — 
Governor  Hammond's  Speech.  —  Bound  and  Free  Labor.  —  Vox  Populi. 

—  Franklin 284 

LETTER  XXI. 

Prisons.  —  Penal  Colonies  on  the  Western  Plains,  in  the  Rocky  Mountains. 
— Police.  —  Prison  Associations.  —  Missionary  Societies.  —  Bible 289 

LETTER  XXII. 

Large  Cities.  —  Baltimore,  Maryland.  —  Political  History.  —  The  People 
One  Assembly. — First  Constitution,  1650.  —  Extract.  —  Voting.  —  Slav- 
ery. —  Abolition .  —  Divided  Legislature.  —  Trouble.  —  Revolution. —  Con- 
stitution of  1776.  —  Amended. — Judiciary  Appointed.  —  Constitution  of 
1851.  —  Elective  Judiciary. — Executive  elected  by  Districts.  —  City  and 
Country  Jealousy.  —  Cities  Republics  of  the  Middle  Age. — Feuds  with 
the  Country  Nobility.  —  Free  Cities  of  Germany.  —  Switzerland.  —  Large 
American  Cities.  —  Their  Separation  from  the  Country.  —  More  such 
Separations.  —  Apathy  and  Disgust  with  the  City  Affairs. — New  Orleans. 

—  Baltimore  Vote  on  the  Amending  the  Constitution.  —  Hanse  Towns. — 
Crimes  of  English  Law.  —  Macaulay.  —  Atlantic  Telegraph  States.. .  .294 

LETTER  XXIII. 

Morals.  —  Virtues  and  Vices.  —  Material  of  History,  Arts,  Novels,  Dramas, 
Tragedies.  —  Washington.  —  Citizen  Government.  —  Military  Govern- 
ment.—  Priest  Government.  —  Mexico.  —  The  Canadas.  —  British  North- 
west Territory.  —  The  Lord's  Prayer.  —  Conclusion 300 


PAET   FIRST. 

THE    NATIONAL    GOVERNMENT. 


LETTER   I. 

Introduction.  —  Onuses  of  the  Letters.  —  Little  Appreciation  of  the  Federal 
Constitution.  —  The  Church  a  Comforter,  hut  no  Governor.  —  Restoration 
of  the  Authority  of  Law.  —  Influence  of  Woman.  —  Resistance  against  the 
Execution  of  Laws.  —  Vigilance  Committees. —  Ten-Thousand-Dollar  Sub- 
scription for  Rebellion  in  Kansas.  —  Ancient  Rome.  —  Dangers  to  the 
Constitution  and  Union.  —  Articles  of  Confederation  of  1777.  —  New  Con- 
stitution for  a  Society  of  European  Descendants,  Africans,  and  Indians.  — 
The  Object,  Union  and  an  independent,  poweiful  National  Government, 
excluding  all  Municipal  Affairs,  Bond  Labor  included.  —  The  Contents  in 
Seven  Articles. 

MY  DEAR  CHILDREN:  I  have  often  thought  of  writing  for 
you,  and  perhaps  others  too,  a  kind  of  common-sense  commentary 
on  the  federal  constitution ;  and  why  ?  Because  I  have  too 
many  proofs  that  this  organic  law  is  not  so  well  known  and  appre- 
ciated as  it  deserves.  In  a  conversation  I  once  had  with  one  of 
our  most  patriotic  men  and  writers,  on  the  state  of  our  turbulent, 
growing  public  affairs,  he  said,  "  Nothing  can  save  us  but  the 
church."  I  have  often  inquired,  in  houses  stocked  with  books, 
for  a  copy  of  the  federal  constitution,  but  in  vain  ;  there  was 
none.  This  justifies  what  I  said.  If  the  church  is  our  help, 
why  set  up  a  constitution  at  all?  Why  organize  a  state  or  Con- 
gress ?  Is  not  the  church  older  than  our  Union  ?  Why  has 
the  church  never  checked  political  corruption  ?  What  society  is 

2 


26  THE   NATIONAL   GOVERNMENT. 

losing  by  the  bad  administration  of  the  laws,  nnd  excesses  of  par- 
ties and  factions,  no  church,  Christian  or  not.  can  restore,  unless 
the  church  turns  state.  Keligion  can  comfort  men  when  suffer- 
ing from  anarchy  ;  a  Christian  preacher  may  exhort  rioters  and 
rebels  to  keep  the  peace :  church  organizations  may  charitably 
lessen  misery  in  civil  commotions  and  war,  but  the  church  can 
not  do  more.  It  can  not  re-establish  justice  or  rule,  without  be- 
coming state  or  government.  An  earnest  and  strong  sense  of 
justice,  strict  fidelity  to  our  constitutions,  and  a  faithful,  manly 
execution  of  the  laws  —  in  one  word,  the  restoration  of  the  sunken 
authority  of  the  laws  alone  —  can  save  our  commonwealth.  We 
still  have,  for  this  purpose,  patriotism,  virtue,  and  honesty  enough, 
in  the  country.  It  only  wants  to  be  brought  into  activity. 

I  wish,  besides,  to  make  the  powerful  social  influence  of  woman 
available.  When  this  influence  upon  society  in  general  is  regu- 
lating, moderating,  pacifying,  and  ennobling,  why  should  woman 
not  exert  a  similar  influence  upon  the  public  social  affairs?*  This 
is  impossible  without  a  clear  understanding  of  the  objects,  prin- 
ciples, and  provisions,  of  our  supreme  law  of  the  land,  the  federal 
constitution.  To  make  it  as  plain  as  household  words  is  the  aim 
of  these  letters  —  which,  however,  have  been  written  with  due 
regard  to  the  constructions  of  the  various  departments  of  the  gov- 
ernment, and  the  academical  and  juridical  commentaries.  I  have 
consulted  the  best,  and  even  maintained  their  own  words  in  some 
instances  ;  so  you  may  be  assured  that  I  give  you  the  constitution 
and  nothing  but  the  constitution.  Its  general,  thorough  under- 
standing, in  our  time,  where  it  is  so  often  misrepresented,  and 
even  openly  opposed  by  men  of  talents  and  learning,  is  most  desi- 
rable. All  public  affairs  directly  concern  families,  and  hence  the 
private  interests  of  families  must  necessarily  suffer  fiom  bad 
governing. 

Look  out  what  course  the  ship  of  state  is  taking!  In  the  East, 
men  of  parts  are  outraging,  by  their  public  speeches  and  behavior, 
all  sense  of  justice  and  propriety,  and  openly  give  their  support  to 
resistance  against  the  officers  of  the  United  kStates,  so  that  the 
troops  have  been  ordered  for  their  protection.  This  is  ih»j  begin- 
ning of  the  end  of  civil  government.  In  the  West,  vigilance  com- 
mittees act  as  courts.  Wealthy  men  subscribe  ten  thousand  dollars 
for  rebellion,  and  associations  furnish  partisan  voters  and  fighters 


INTRODUCTION.  27 

for  newly-settled  territories.  Powerful  ancient  Rome  fell  when 
single  citizens  were  rich  enough  to  keep  armies  of  their  own,  to 
fight  out  their  ambitious  schemes.  Our  ten-thousand-dollar  men 
and  associations  are  in  the  same  manner  undermining  the  stability 
of  our  republic. 

That  this  happens  is  not  the  fault  of  our  institutions,  or  of  the 
federal  constitution,  but  the  effect  of  error  and  ignorance  about  it. 
This  constitution  is  the  work  of  the  best  men  America  has  pro- 
duced ;  it  is  the  true  native  glory  of  our  country,  unsurpassed  by 
any  products  of  indigenous  art  and  skill,  however  useful  and  ex- 
cellent in  their  way.  This  constitution  has  created  our  Union,  the 
parent  of  our  immense  commerce  and  gigantic  industrial  and  social 
progress.  Our  existence  as  a  nation  may  be  jeoparded  by  a  few 
errors  about  the  meaning  of  our  constitution,  if  taken  hold  of  by 
fanatics,  parties,  and  factions.  I  shall  dwell  upon  such  errors,  and 
try  to  make  them  harmless  by  exposing  the.plain  truth,  and  shall 
therefore  be  as  practical  as  possible. 

The  convention  elected  by  the  thirteen  states,  in  1787,  for  the 
purpose  of  projecting  a  new  constitution  for  the  United  States, 
existing  as  such  under  the  celebrated  articles  of  confederation  of 
November,  1777,  had,  for  its  material,  a  most  peculiar  society, 
composed  of  European  descendants,  Africans,  and  American  In- 
dians. The  first  were  the  ruling  race,  open  to  increase  by  immi- 
gration ;  the  second  were  domesticated  as  slaves,  a  few  of  whom 
were  then  manumitted,  open  to  increase  by  birth  and  slave  impor- 
tation ;  the  third  were  living  in  tribes,  with  chiefs,  under  the  sur- 
veillance and  jurisdiction  of  the  first,  open  to  increase  by  territo- 
rial acquisition.  The  convention  had  no  power  to  alter  this  mate- 
rial or  the  elements  of  society.  Its  only  duty  was  to  set  up  an 
organic  law  by  which  the  whole  would  form  a  more  compact  union, 
represented  by  a  more  independent  and  powerful  central  govern- 
ment than  that  established  by  the  just-mentioned  articles  of  con- 
federation. 

This  body,  therefore,  had  no  powTer  to  make  provisions  for  gen- 
eral reforms,  municipal  affairs,  civil  and  criminal  or  police  laws, 
bills  of  rights,  voting,  religious,  educational,  scientific  subjects,  etc. 
It  had  nothing  to  do  with  domestic  affairs,  concerning  labor  and 
service  for  time  or  life.  Those  who  say  that  the  federal  constitu- 
tion, the  product  of  this  convention,  has  established  bond  labor 


28  THE   NATIONAL   GOVERNMENT. 

or  slavery,  or  is  maintaining  it,  mistake  it  entirely,  as  will  become 
more  evident  later. 

The  great  fundamental  law  is  exceedingly  simple,  plain,  and 
short,  and  contains  seven  articles,  with  the  following  heads : — 

ARTICLE  I. —  Of  the  Legislature. 

ARTICLE  II. —  Of  the  Executive. 

ARTICLE  III. —  Of  the  Judiciary-. 

ARTICLE  IV.  —  Miscellaneous  (relating  to  the  validity  of  pub- 
lic acts  and  records,  the  equal  rights  of  citizenship,  the  treatment 
of  fugitives  from  justice  and  service,  admission  of  new  states,  ad- 
ministration of  the  territory,  the  guaranty  of  a  republican  form  of 
government). 

ARTICLE  V. —  Of  Amendments. 

ARTICLE  VI.  —  Miscellaneous  (relating  to  public  faith  and 
justice  in  regard  to  the  war-debts,  etc. ;  declaring  the  constitution 
the  supreme  law  of  the  land ;  to  the  general  oath  or  affirmation 
of  all  public  officers,  and  members  of  Congress  and  legislatures ; 
the  abolishing  of  the  religious  test). 

ARTICLE  VII. —  Of  the  Ratification. 

Of  which  more  in  my  following  letters. 


LETTER   II. 

The  Constitution.  —  Its  Reading.  —  Preamble.  —  Short  History  of  the  Coun- 
try. —  The  Revolution.  —  Necessity  of  a  National  Government.  —  Greeks, 
Romans,  Germans,  Italians.  —  United  States  of  America.  —  Family,  Tribe. 
—  Constitution  of  the  People,  and  not  of  the  States.  —  Object  of  the  Con- 
stitution.—  National,  municipal,  fre^e,  non-political  or  private  Affairs. — 
Justice.  —  St.  Paul's  First  Letter  to  Timothy.  —  Common  Defence.  — 
Insubjection.  —  Licentiousness. 

IN  the  following  letters  I  shall  converse  with  you  on  the  federal 
constitution,  section  by  section.  Please  imagine  that  you  are  at- 
tending some  lectures  on  this  all-important  subject.  I  hope  it  will 
not  be  a  tiresome  labor  for  you  to  make,  in  this  manner,  the  closer 
acquaintance  of  a  written  work,  which  millions  of  free  and  happy 
men  are  considering  as  a  sacred  legacy  of  George  Washington 
and  his  illustrious  compatriots. 


CONSTITUTION   OF   THE   UNITED   STATES.  29 

CONSTITUTION    OF    THE    UNITED    STATES. 

"  Preamble.  —  "VVe,  the  people  of  the  United  States,  in  order  to  form  a 
more  perfect  union,  establish  justice,  insure  domestic  tranquillity,  provide  for 
the  common  defence,  promote  the  general  welfare,  and  secure  the  blessings 
of  liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish  this  Consti- 
tution for  the  United  States  of  America." 

Preambles  and  prefaces  are  generally  considered  unprofitable 
reading,  especially  by  ladies ;  but  you  must  make  an  exception 
with  this  preface.  It  closes  the  epoch  in  the  history  of  our  coun- 
try from  1643  to  1787,  which  may  be  termed  the  time  of  incuba- 
tion of  our  present  Union. 

After  the  colonists  had  opened  the  path  for  European  culture 
through  the  primitive  American  forests,  erected  towns  where  be- 
fore stood  wigwams,  subdued  powerful  Indian  tribes,  and  had  in 
those  struggles  for  life  and  independence  acquired  the  skill  of  self- 
government,  so  easily  lost  in  luxury  and  affluence,  they  felt  the 
necessity  of  a  government  of  their  own,  and  a  union  of  their  colo- 
nial forces.  Many  attempts  were  made  for  this  purpose,  during 
the  period  I  have  indicated,  as  you  know  from 'the  history  of  the 
United  States.  When  the  right  time  came  to  strike  the  blow,  the 
right  men  were  at  the  head  of  the  public  affairs  to  secure  success. 

As  the  colonists  always  managed  their  municipal  affairs  them- 
selves, under  English  governors,  the  question  after  the  liberation 
was  to  give  a  proper  form  and  place  to  that  part  of  the  public 
affairs  which  belong  to  a  nation,  and  which  were,  with  the  usual 
haughty,  lordly  spirit  of  a  monarch,  withheld  by  the  English 
crown. 

If  you  throw  a  glance  at  the  history  of  the  world,  you  will  dis- 
cover that  it  is  this  kind  of  public  business  which  has  caused  the 
great  revolutions  and  struggles  for  freedom.  The  ancient  Greeks 
managed  their  municipal  affairs  as  well  as  we  ours ;  but  they 
never  succeeded,  although  repeatedly  trying  it,  in  organizing  the 
national  business  well.  They  deserved,  on  this  account,  hardly 
the  name  of  a  nation,  and  became  therefore  an  easy  prey  to  their 
monarchical  adversaries.  The  success  of  the  Romans,  on  the 
other  hand,  resulted  from  the  strong  consolidation  of  the  national 
affairs  in  Rome,  similar  to  that  of  France  in  Paris.  To  set  this 
business  right,  the  Germans  revolted  in  1848.  The  Italians  are, 
it  is  said,  at  the  eve  of  a  revolution  for  the  same  purpose.  When 


30  THE   NATIONAL   GOVERNMENT. 

it  required,  in  the  North  American  colonies,  almost  two  hundred 
years  to  realize  a  free,  independent,  stable  government,  among 
men  who  were  comparatively  free,  at  least  in  regard  to  the  man- 
agement of  their  municipal  affairs,  how  doubtful  must  be  such 
revolutions  among  people  who,  like  the  Spaniards  or  Italians,  or 
even  the  Germans,  have  been  for  centuries  subject  to  strong 
monarchical  rulers ! 

The  colonies  had,  as  early  as  1778,  adopted  the  appellation, 
"  UNITED  STATES  OF  AMERICA."  Still  the  present  constitution, 
although  framed  by  a  convention  composed  of  delegates  chosen  by 
the  legislamres  of  the  states,  was  ratified  and  adopted  by  the 
people:  hence  the  words,  "We  the  people"  —  that  is,  the  aggre- 
gate of  families,  forming  society  and  nations.  It  makes,  indeed, 
but  little  difference  whether  this  act  of  the  free,  independent  peo- 
ple is  called  a  sovereign  act  or  not.  A  nation,  as  such,  is  master 
of  its  destiny.  There  is  no  society  without  a  certain  rule  or 
organization.  Cannibals,  also,  obey  their  chiefs.  The  family 
state  is  the  beginning  of  social  organization,  and  requires  it  for 
the  purposes  of  support  and  education.  It  is,  within  its  domestic 
limits,  as  independent  as  a  nation  within  her  political  boundaries. 

That  the  people,  by  their  votes,  and  not  by  the  states,  have 
adopted  the  constitution,  is  an  important  fact  in  regard  to  the  va- 
lidity of  the  covenant,  because  on  this  fact,  not  the  state  govern- 
ments, not  Congress,  but  only  the  people,  have  to  decide.  Mind 
that  no  single  state  can  leave  the  Union  without  the  permission 
of  the  whole  people  or  nation. 

The  preamble  expresses  the  main  objects  of  the  constitution. 
First,  A  MORE  PERFECT  UNION.  This  was,  as  we  have  seen,  most 
desirable.  The  new  state  governments  cleaved  with  the  same 
obstinacy  to  the  national  business  as  the  English  government,  from 
the  fear  that  Congress  might  become  too  powerful ;  from  which 
cause  sprung  up  a  separate  p'arty,  the  republicans,  opposing  the 
federalists.  This  fear  is  unfounded,  if  we  concede  to  Congress 
but  national  political  business.  You  must  remember  that  the 
business  managed  by  states  or  Congress  is  called  political  or  pub- 
lic business,  which  I  shall,  in  a  separate  letter,  endeavor  clearly 
to  explain.  This  Union  has  now  been,  after  much  trouble  and  a 
bloody  war,  achieved,  by  adopting  the  present  constitution,  which 
gives  to  Congress  the  national  business,  leaving  to  the  states  the 


CONSTITUTION    OF   THE   UNITED    STATES.  31 

municipal,  and  to  society,  or  the  people  at  large,  the  free,  non~ 
political  affairs  to  manage. 

The  declared  aim  of  the  constitution  is,  further,  to  ESTABLISH 
JUSTICE.  This  is  the  supreme  and  ultimate  object  of  all  political 
organizations.  St.  Paul,  as  you  know  from  his  first  letter  to 
Timothy,  had  already  said,  "  The  law  [or  state]  is  not  made  for 
the  righteous,  but  for  the  lawless,"  etc.  This  means  :  if  men  would 
always  act  right,  there  would  be,  of  course,  no  need  of  states,  Con- 
gress, courts,  sheriffs,  troops,  jails,  etc.  But  this  not  being  the 
case,  we  have  to  organize  society,  in  order  to  establish  and  realize 
.justice,  on  account  of  the  lawless,  and  thus  INSURE  DOMESTIC  TRAN- 
QUILLITY and  PROMOTE  THE  GENERAL  WELFARE.  On  this  aCCOUnt, 

Congress  has  also  to  take  care  for  the  COMMON  DEFENCE.  It  is  a 
part  and  the  consequence  of  the  establishment  of  justice,  and  its 
execution,  at  home  and  with  regard  to  foreign  nations.  If  all  this 
is  well  done,  the  BLESSINGS  OF  LIBERTY  will  most  certainly  be 
secured  to  ourselves  and  our  posterity;  while  the  reverse,  as 
injustice  and  lawlessness;  will  sow  the  seeds  of  discord,  civil  com- 
motions, general  misery,  and  despotism.  The  blessings  of  liberty 
consist  chiefly  in  being  unsubject  —  that  is,  in  full  possession  of 
the  rights  of  self-government,  so  that  man  is  not  hindered  in 
regard  to  his  industrial  pursuits,  culture,  and  management  of  his 
public  affairs.  No  "organic  law,  that  I  am  acquainted  with,  pro- 
tects people  in  this  regard  better  than  our  federal  constitution. 
For  such  a  rational  liberty,  however,  very  few  men  comparatively 
are  yet  prepared.  The  majority  mistake  liberty  for  licentiousness. 

The  men  who  framed  this  constitution  could  hardly  have  intro- 
duced it  by  a  better  preamble.  It  shows  best  what  a  clear  and 
practical  conception  they  had  of  their  task.  They  have  erected  a 
monument  of  their  wisdom,  which,  although  made  for  their  time, 
and  the  actual  wants  of  their  society,  composed  of  very  hetero- 
geneous elements  (Americans,  Indians,  Europeans,  and  Africans), 
is,  notwithstanding,  a  perfect  pattern  of  an  organic  law  for  all 
states  and  nations,  as  we  shall  often  have  opportunity  to  notice. 
I  promise  you  that  you  will  admire  it  the  more,  the  longer  you 
live. 

This  brings  me  to  the  end  of  my  second  letter,  which  I  close 
with  the  wish  that  it  may  give  you  a  sharp  appetite  for  the  fol- 
lowing. 


82  THE   NATIONAL   GOVEKNMENT. 


LETTER  III. 

Congress.  —  Works  in  three  Channels.  —  Legislature.  —  Grants.  —  Repub- 
lics.—  Monarchies.  —  Government  preservative,  not  progressive.  —  Scar- 
city of  Solons.  —  Senate  and  House  of  Representatives.  —  Two-Chamber 
System.  —  Qualification  of  Members  of  the  House  of  Representatives. — 
Voting  and  electing,  a  Right  of  Families.  —  Congress  biennial.  —  Qualifica- 
tion, twenty-five  Years  of  Age.  —  Negroes,  their  counting.  —  Number  of 
Representatives.  —  Census.  —  Large  Legislative  Bodies.  —  Vacancies  filled 
by  the  State  Executive  Action.  —  Speaker.  —  Impeachment.  —  Importance 
of  the  House  of  Representatives.  —  Ladies.  —  Decorum. 

WE  come  now  to  the  examination  of  the  institution  erected  by 
the  constitution.  It  works  in  three  divisions,  called  the  legislative, 
executive,  and  judiciary,  which  constitute  the  political  institution 
called  United  States.  A  similar  fabric  is  that  of  a  state ;  also 
the  subdivisions  of  states,  viz.,  counties  and  towns  or  townships, 
work  by  these  three  channels.  Properly  speaking,  the  people,  or 
the  aggregate  of  families,  form  society,  and  neither  the  states  nor 
the  United  States,  which  are  separate  institutions  set  up  for  the 
benefit  of  society.  But  it  is  in  common  use  to  call  society  after 
the  names  of  the  political  divisions.  You  will,  however,  do  well 
to  distinguish  society  from  these  political  institutions,  because,  if 
your  mind  is  in  the  habit  of  doing  so,  you  will  readily  distinguish 
social  rights  and  affairs,  from  political,  and  be  able  to  judge  with 
precision  on  encroachments  of  governments  —  especially  of  the 
legislative  branches  on  individual  and  social  rights,  to  guard  and 
protect  which  is  the  duty  of  the  political  institutions. 

ARTICLE     I. 

Of  the  Legislature. 

SECTION  I. 

"All  legislative  powers  herein  granted  shall  be  vested  in  a  Congress  of 
the  United  States,  which  shall  consist  of  a  senate  and  house  of  represent- 
atives." 

Mind,  now,  that  every  word  of  the  constitution  is  law.  This 
being  the  case,  it  was  written  by  its  authors  with  a  care  and  clear- 


THE    LEGISLATURE.  33 

ness  unsurpassed  since  by  similar  productions,  which  is  one  of  the 
causes  why  it  has  required  but  little  or  any  amending  during 
eighty  years.  Legislative  powers  mean  political  business  given 
in  trust  to  a  legislative  body.  In  the  word  "  granted"  is  the  main 
difference  between  republics  and  monarchies.  In  the  latter  form 
of  government  the  management  of  the  public  affairs  is  claimed  by 
the  princes  as  a  property  or  crown  right,  coming  directly  from 
God.  Still  originally  both  kinds  of  governments  have  only  the 
same  business  to  do. 

You  will  easily  perceive  that  the  debating  on  the  laws  by  two 
distinct  houses  is  calculated  to  prevent  inconsiderate  arid  hasty 
legislation,  one  of  the  greatest  social  calamities. 

The  federal  government  is  not  intended  to  be  a  progressive 
machinery,  or  to  run  a  race  with  society,  philosophers,  and  vision- 
aries, but  merely  to  conserve  and  protect  the  main  object  of  all 
governments.  The  progressive  element  belongs  to  society  and 
individuals,  and  never  to  state  institutions,  as  many,  especially 
Europeans,  think ;  their  office  is  to  prevent  confusion  and  embar- 
rassments on  the  grand  onward  road  of  humanity.  To  frame  for 
this  purpose  laws  is  exceedingly  difficult.  There  have  been  a 
very  few  real  Solons  in  the  world.  There  are  in  our  large  nation 
not  a  hundred  men  n't  for  legislating.  Two  legislative  chambers 
are  considered  sufficient  to  avoid  errors  in  law-making — nothing 
to  say  here  of  the  veto-power  of  the  president.  We  have  seen 
that  the  senate  in  the  Congress  of  1856,  checked  the  passage  of 
a  clause  in  the  army  appropriation  bill,  repeatedly  approved  by 
the  majority  of  the  house,  which  was  an  open  violation  of  the 
constitution,  and  which  would  have,  if  passed,  annulled  the  army 
and  impeded  the  execution  of  the  laws  in  Kansas,  and  jeoparded 
the  public  peace  there  and  the  existence  of  the  Union. 

There  are  many  men  who  pretend  to  be  well  informed,  of  the  opin- 
ion that  a  constitution  is  something  like  a  vane,  and  open  to  all  kinds 
of  interpretation,to  suit  people,  just  like  the  Bible ;  but  you  will  not 
hesitate  to  consider  this  a  mistake.  The  Bible  is  in  itself  no  law,  but 
a  mere  book,  written  and  suitable  for  all  moral  purposes  of  life,  while 
a  constitution  is  an  organizing  law,  made  for  a  certain  district  and 
for  certain  special  purposes,  and  therefore  subject  to  a  limited  or 
circumscribed  definite  interpretation.  It  may  be  abused,  like 
everything,  the  Bible  included,  but  should  not  be  arbitrarily 

2* 


84  THE   NATIONAL   GOVERNMENT.  • 

interpreted  by  authority ;  for  there  are  certain  rules  established 
for  logical  interpretation.     These  a  jurist  should  know. 

SECTION  II. 

"1.  The  house  of  representatives  shall  be  composed  of  members  chosen 
every  second  year  by  the  people  of  the  several  states ;  and  the  electors  in 
each  state  shall  have  the  qualifications  requisite  for  electors  of  the  most 
numerous  branch  of  the  state  legislature." 

Very  properly  the  constitution  does  not  introduce  a  separate 
form  of  voting,  but  leaves  the  states  free  to  take  care  of  this 
business.  But  it  is  desirable  that  the  laws  on  voting  should  be  in 
harmony  with  the  rights  of  society.  As  society  is  composed  of 
families,  it  is  but  just  that  to  these  only,  as  the  constituents  of 
society,  belongs  the  right  of  voting  and  electing,  or  the  suffrage 
right. 

The  constitution  presupposes  that  common  sense,  honesty,  and 
patriotism,  found  in  all  classes  of  society,  may  be  considered  by 
the  voters  as  the  principal  qualifications  of  their  lawmakers,  and 
not  property,  professional  requirements,  or  caste,  as  is  the  case  in 
Europe.  The  future  will  show  whether  the  liberal,  humane 
spirit  which  pervades  this  document  in  this  instance,  and  all  others, 
is  right  or  not.  No  doubt  that  the  voting  laws,  as  I  remarked, 
and  the  salary  of  the  legislators,  the  numbers  of  the  members  of 
legislatures,  and  party  and  faction  spirit,  have  an  immense  influ- 
ence upon  the  working  of  legislatures,  and  may  defeat  the  best 
constitutions.  It  is  therefore  the  duty  of  all  good  citizens  to  be 
vigilant  and  understand  the  constitution  well  to  prevent  its  abuse. 
Our  Congress  is,  as  you  see,  biennial ;  the  British  Parliament  is 
septennial.  This  long  term  favors  aristocracy;  the  short  term, 
democracy. 

"  2.  No  person  shall  be  a  representative  who  shall  not  have  attained  to 
the  age  of  twenty-five  years,  and  been  seven  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that  state  in 
which  he  shall  be  chosen." 

American  society  being  partly  a  product  of  immigration,  re- 
quires laws  in  regard  to  the  political  qualifications  of  immigrants. 
The  seven  years'  citizenship  belongs  to  this  kind  of  legislation. 
Official  absence  of  a  citizen  does  not  deprive  him  of  his  rights  as 
a  citizen  of  the  state  where  he  comes  from. 

"3.  Representatives  and   direct  taxes  shall  be  apportioned   among  the 


REPRESENTATION.  35 

several  states  which  may  be  included  within  this  Union,  according  to  their 
respective  numbers,  which  shall  be  determined  by  adding  to  the  whole 
number  of  free  persons,  including  those  bound  to  service  for  a  term  of  years, 
and  excluding  Indians  not  taxed,  three  fifths  of  all  other  persons.  The 
actual  enumeration  shaM  be  made  within  three  years  atter  the  first  meeting 
of  the  Congress  of  the  United  States,  and  within  every  subsequent  term  of 
ten  years,  in  such  a  manner  as  they  shall  by  law  direct.  The  number  of 
representatives  shall  not  exceed  one  for  every  thirty  thousand,  but  each  state 
shall  have  at  least  one  representative ;  and  until  such  enumeration  shall  be 
made,  the  state  of  New  Hampshire  shall  be  entitled  to  choose  three ;  Massa- 
chusetts, eight ;  Rhode  Island  and  Providence  Plantations,  one  ;  Connecti- 
cut, five;  New  York,  six;  New  Jersey,  four;  Pennsylvania,  eight;  Dela- 
ware, one  ;  Maryland,  six  ;  Virginia,  ten  ;  North  Carolina,  five,  and  Georgia, 
three." 

The  representation  and  taxation  ought  to  be  regulated  according 
to  the  inhabitants  of  the  several  states,  and  not  according  to  the 
population  of  the  United  States.  Those  bound  to  service  for  a 
number  of  years,  as  sailors,  etc.,  ought  to  be  counted.  Indians 
not  taxed  are  excluded  because  they  live  in  tribes,  a  kind  of  state. 
The  three  fifths  of  all  other  persons  are  those  bound  to  service  for 
life,  or  slaves,  forming  a  distinct  race  not  included  within  the  regu- 
lar political  organization,  like  the  before-mentioned  Indian  tribes. 

The  words  "by  adding  three  fifths  of  all  other  persons,"  are 
wrongly  understood  by  some  commentators  arid  the  abolition 
party.-  Their  proper  meaning,  adopted  by  Congress,  is  that  five 
slaves  count  as  but  three  persons,  while  five  free  negroes  in  free 
states  count  as  much,  viz.,  five  persons.  Those  free  negroes  do  not 
vote' themselves,  but  in  making  up  the  census  they  count  like 
white  persons,  while  in  a  slave  state  five  negroes  pass  only  as 
three  persons.  An  example  will  show  that  this  proviso  is  in  favor 
of  the  free  states,  and  not  in  favor  of  the  slave  states.  Suppose 
there  are  in  a  free  state 
1,000,000  white  and  free  colored  persons, 

100,000  servants  or  persons  bound  to  service  for  a  term  of  years, 

this  gives 

1,100.000  whole  number  of  free  persons. 

And  in  a  slave  state  — 
1,000,000  white  and  free  colored  persons, 

100,000  slaves  counting  only 
60,000  after  deducting  two  fifths,  leaving 


940,000  whole  number  of  free  persons. 


36 


THE   NATIONAL   GOVERNMENT. 


Thus  a  slave  state  may  lose  by  this  operation  one  or  more 
representatives  in  Congress.  It  follows  that  this  clause  diminishes 
in  the  slave  states  the  "  whole  number  "  at  the  rate  of  two  fifths 
in  regard  to  the  slave  population,  compared  with  the  free  negroes 
and  whites  elsewhere.  The  federal  constitution  is  as  liberal  as 
possible,  and  is  only  illiberally  interpreted  to  please  or  suit  parties. 

When  this  clause  was  made  by  the  convention  there  were  more 
inhabitants  in  the  middle  and  southern  states  than  in  the  eastern. 
It  would  not  be  agreed  to  at  present,  because  it  deprives  the  slave 
states  of  about  thirty-five  members  in  Congress. 

The  enumeration  here  mentioned  is  the  business  known  by  the 
name  of  census.  Congress,  having  nothing  to  do  with  municipal 
affairs,  has  no  interest  to  ascertain,  for  its  own  use,  more  than  the 
number  of  the  inhabitants  in  order  to  control  and  regulate  their 
representation  in  Congress. 

Still  Congress  has  assumed  the  right  to  inquire  every  ten  years 
for  everything  people  possess.  There  is  no  grant  for  that,  and 
wisely  not,  because  it  belongs  to  municipal  governments  to  make 
census  for  statistical  purposes  of  this  kind.  It  is  supposed  that  a 
statistical  state  census,  by  the  agency  of  the  well-informed  town 
officials,  is  more  reliable  than  that  made  in  the  vast  territory  of 
the  United  States  by  United  States  marshals,  appointed  every  ten 
years  for  this  purpose  at  random.  You  see  here  how  necessary  is 
a  strict  adherence  to  the  words  and  spirit  of  the  constitution.  Its 
framers  were  exceedingly  careful  not  to  interfere  with  the  business 
of  states,  counties,  and  towns.  At  present  all  states  take  from 
time  to  time  a  census.  Congress  may  be  placed  in  possession  of 
the  number  of  the  state  inhabitants  at  short  notice  by  telegraph. 
Of  course  the  ratio  of  representation  has  been  altered  at  each 
census.  The  difference  between  the  present  time  and  that  of  the 
constitution  is  interesting  in  regard  to  the  progress  of.  the  popula- 
tion of  the  several  states. 

The  electoral  votes  of  the  United  States  are  at  present  as 
follows : 

Maine 8  Delaware 3 

New  Hampshire 5  Maryland 8 

Vermont 5  Virginia 15 

Massachusetts 13  North  Carolina 10 

Rhode  Island 4  South  Carolina 8 

Connecticut 6  Georgia 10 


IMPEACHMENT. 


37 


Alabama 9 

Mississippi 7 

Louisiana 6 

Kentucky 12 

Tennessee /. 12 

Missouri 9 

Arkansas 4 

Florida 3 

Texas  . .  4 


New  York 35 

New  Jersey 7 

Pennsylvania 27 

Ohio 23 

Indiana 13 

Illinois 11 

Michigan 6 

Iowa 4 

Wisconsin . .' 5 

California 4 

The  whole  number  is  296  ;  176  in  the  free  states,  and  120  in 
the  slave  states.  It  shows  a  great  preponderance  of  some  states. 

Large  legislative  bodies  are  useless  for  their  proper  purpose. 
The  proper  legislative  business  of  Congress  has  not  increased  with 
the  population,  because  it  is  national,  not  local.  The  grants  of 
the  constitution  remain  to-day  what  they  were  eighty  years  ago. 
The  same  wisdom  which  was  required  then  to  make  the  laws  for 
the  carrying  out  of  the  constitution  is  sufficient  at  present  for  the 
same  purpose.  The  more  state  governments  the  less  territorial 
Congressional  business.  It  is  different  with  the  finance  and  the 
executive.  Upon  the  administration  of  the  laws  the  increase  of 
population  has  some  influence  also  in  the  Union.  That  our  senate 
is  a  more  respectable  body  than  the  house  is  owing  to  its  smaller 
number.  We  have  few  fit  men  to  fill  our  overnumerous  legislative 
bodies.  The  house  of  representatives  would  answer  better  to  its 
purpose  if  composed  of  the  same  or  only  double  the  number  of 
the  senate.  Large  legislative  bodies  become  invariably  corrupt 
and  turbulent. 

"  4.  When  vacancies  happen  in  the  representation  from  any  state,  the  exec- 
utive authority  thereof  shall  issue  writs  of  election  to  fill  up  such  vacancies." 

Here  also  the  constitution  leaves  the  care  of  the  elective  busi- 
ness to  the  state  governments  ;  who,  acting  not  in  an  understand- 
ing with  each  other,  differ  in  regard  to  the  mode  of  filling  vacan- 
cies. In  states  where  an  absolute,  majority  is  required  for  an 
election  often  much  delay  is  caused. 

"  5.  The  house  of  representatives  shall  choose  their  speaker,  and  other 
officers,  and  shall  have  the  sole  power  of  impeachment." 

Impeaching  means  accusing  for  official  malversation.  You  will 
learn  later  that  the  senate  is  the  court  of  impeachment.  All  offi- 
cers, the  president  included,  being  responsible  or  accountable,  there 
must  be  a  court  and  an  impeacher  or  accuser.  Jn  choosing  the 


38  THE    NATIONAL   GOVERNMENT. 

speaker  the  absolute  majority  rule  has  been  adopted,  that  is,  the 
candidate  must  get  the  absolute  or  real  and  not  merely  the  relative 
majority. — This  rule  presents  no  difficulty  if  there  are  but  two 
candidates.  But  in  the  reverse  case  the  election  may  remain  for 
weeks  and  months  doubtful,  as  we  have  witnessed  several  times. 
There  should  be  a  remedy  for  such  delay  which  is  merely  owing  to 
party.  The  power  of  impeachment,  though  rarely  effectively  used 
is  yet  an  important  check  upon  the  judicial  and  executive  officers. 

These  few  provisions  form  the  basis  of  the  organization  of  the 
house  of  representatives  of  the  Congress  of  the  United  States,  one 
of  the  most  august  legislative  bodies  in  the  world,  not  excepting 
the  English  parliament,  because  it  is  the  most  independent  legis- 
lative assembly,  whose  character  and  authority  is  entirely  its  own 
work.  This,  according  to  all  appearances,  the  members  of  this 
house,  alas,  too  often  forget.  The  sessions  being  public  and  the 
debates  promptly  divulged  by  the  press,  the  influence  of  the  con- 
duct of  their  members  upon  the  morals  of  the  people  and  upon  the 
authority  of  the  government  at  home  and  abroad  must  be  immense. 

We  will  still  hope  that  the  honest  noble  zeal  with  which  George 
Washington  labored  in  legislative  bodies  for  society,  may  serve  in 
the  future  as  an  example  for  all  representatives. 

Excuse  me,  my  dear  children,  if  I  should  not  treat  my  subject 
pleasantly  enough.  But  before  I  conclude  this  epistle,  I  can  not 
repress  the  remark  that  the  influence  of  tlve  ladies  upon  these  as- 
semblies in  regard  to  decorum,  may  be  more  effective  than  the 
most  stringent  laws,  provided  they  are  well  informed  of  the  actual 
duties  of  the  legislators. 


THE   SENATE.  39 


LETTER    IV. 

Senate.  —  Organization.  —  Each  Senator  has  one  Vote. — No  Right  of  the 
State  to  instruct  them.  —  Election  by  the  States.  —  One  third  of  the  Sen- 
ators to  be  chosen  every  second  Year.  —  Temporary  Appointments.  —  Age 
of  thirty  Years.  —  Vice  President,  President  of  the  Senate.  —  Impeach- 
ment.—  Election. — Annual  Sessions  of  Congress,  and  the  Parliament  in 
Great  Britain.  —  Difference  between  Congress  and  the  House  of  Parlia- 
ment in  Great  Britain.  —  Senate  an  executive  Council.  —  British  private 
Council. 

WE  come  now  to  the  senate,  whose  members,  from  old  Roman 
recollections,  represent  themselves  to  our  mind  as  a  grave  and 
awe-inspiring  assemblage  of  Solons.  Let  us  see  what  the  consti- 
tution provides  about  them. 

SECTION    III. 

"1.  The  senate  of  the  United  States  shall  be  composed  of  two  senators 
from  each  state,  chosen  by  the  legislature  thereof,  for  six  years,  and  each  sen- 
ator shall  have  one  vote." 

This  plainly  shows  that  the  senators  vote  and  act  as  individuals, 
because  each  has  one  vote.  They  have  not  to  vote  in  the  name 
of  the  state  who  elects  them.  Having  no  peerage,  as  the  English, 
to  form  a  house  of  lords,  this  mode  of  electing  a  second  chamber 
of  the  national  legislature,  was  adopted  as  the  best.  It  is  even 
against  the  tenor  of  this  proviso  that  state  governments  may  in- 
struct the  senators  how  to  vote.  As  the  law  stands,  one  may  vote 
for  or  against  a  measure,  as  he  thinks  best.  The  mode  of  election 
is  again  left  with  the  state  government ;  it  is,  generally,  done  by 
joint  ballot  of  both  houses  of  the  state  legislature,  who  serve  here 
merely  as  electors,  and  not  as  legislators  or  instructors  as  to  what 
shall  be  done  in  Congress.  There  is  nothing  to  do  by  Congress 
except  the  carrying  out  of  the  powers  specified  by  the  constitution. 
Petitions  and  memorials  may  serve  to  inform  the  members  of  the 
wishes  of  the  citizens.  The  states,  as  such,  have  no  influence 
upon  the  business  of  Congress,  just  as  the  Congress  has  none  upon 
the  administration  of  the  states. 

"  2.  Immediately  after  they  shall  be  assembled,  in  consequence  of  the  first 


40  THE   NATIONAL   GOVERNMENT. 

election,  they  shall  be  divided  as  equally  as  may  be,  into  three  classes.  Tho 
seats  of  the  senators  of  the  first  class,  shall  be  vacated  at  the  expiration  of 
the  second  year,  of  the  second  class  at  the  expiration  of  the  fourth  year,  and 
of  the  third  class  at  the  expiration  of  the  sixth  year,  so  that  one  third  may 
be  chosen  every  second  year,  and  if  vacancies  happen  by  resignation  or  other- 
wise during  the  recess  of  the  legislature  of  any  state,  the  executive  thereof 
may  make  temporary  appointments  until  the  next  meeting  of  the  legislature, 
which  shall  then  fill  such  vacancies." 

"3.  No  person  shall  be  a  senator  who  shall  not  have  attained  to  the  age 
of  thirty  years,  and  been  nine  years  a  citizen  of  the  United  States,  and  who 
shall  not,  when  elected,  be  an  inhabitant  of  that  state  for  which  he  shall  be 
chosen." 

"  4.  The  vice-president  of  the  United  States  shall  be  president  of  the  sen- 
ate, but  shall  have  no  vote,  unless  they  be  equally  divided." 

All  these  are  plain  provisions.  The  vice-president  has  a  cast- 
ing vote,  as  it  is  called ;  he  may  become  president  in  case  of  va- 
cancy. This  is  the  reason  why  he  is  elected  by  the  people. 

"  5.  The  senate  shall  choose  their  other  officers,  and  also  a  president  pro- 
tempore,  in  the  absence  of  the  vice-president,  or  when  he  shall  exercise  the 
office  of  president  of  the  United  States." 

This  also  is  plain,  and  it  remains  a  great  desideratum  that  the 
speaker  of  the  house  of  representatives  also  should  not  be  entirely 
dependent  upon  the  absolute  majority  vote.  The  house  has  the 
right  to  make  the  necessary  rules  in  this  regard. 

"  6.  The  senate  shall  have  the  sole  power  to  try  all  impeachments,  when 
sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation.  When  the  pres- 
ident of  the  United  States  is  tried  the  chief  justice  shall  preside;  and  no  per- 
son shall  be  convicted  without  the  concurrence  of  two  thirds  of  the  members 
present." 

The  president  of  the  supreme  court  takes  the  place  of  the  vice- 
president,  on  account  of  his  right  to  succeed  the  president  in  case 
of  vacancy. 

"7.  Judgment  in  cases  of  impeachment  shall  not  extend  further  than  re- 
moval from  office,  and  disqualification  to  hold  and  enjoy  any  office  of  honor, 
trust,  or  profit,  under  the  United  States,  but  the  party  convicted  shall  never- 
theless be  liable  and  subject  to  indictment,  trial,  judgment,  and  punishment, 
according  to  law." 

This  all  is  plain. 

SECTION    IV. 

"1.  The  times,  places,  and  manner  of  holding  elections  for  senators  and 
representatives  shall  be  prescribed  in  each  state  by  the  legislature  thereof; 
but  the  Congress  may,  at  any  time,  by  law,  make  or  alter  such  regulations, 
except  as  to  the  places  of  choosing  senators." 


TIME   OF  MEETING.  41 

This  clause  empowers  Congress  to  control  the  state  govern- 
ments to  prevent  factitious  legislation,  interfering  with  the  activity, 
and  even  existence  of  Congress. 

"2.  The  Congress  shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall,  by  law, 
appoint  a  different  day." 

This  clause  requires  no  explanation. 

The  framers  of  the  Constitution  have,  in  a  certain  measure, 
imitated  the  English  parliament,  which  is  also  divided  into  two 
houses,  one  of  the  commons,  the  other  of  the  peers  —  those  are 
created  by  privilege,  the  commoners  are  elected.  The  great  dif- 
ference between  this  parliament  and  our  Congress  is  not  in  names, 
but  in  business.  The  English  parliament  is  the  national  and 
municipal  legislature,  uniting  within  itself  that  business  which 
priorly  belonged  to  the  kingdoms  (and  parliaments)  of  England, 
Scotland,  Ireland^  and  Wales  ;  our  Congress  is  only  the  national 
legislature,  equally  divided  between  the  senate  and  house  of 
representatives.  The  senate,  however,  serves  also  as  an  execu- 
tive council  of  the  president,  for  like  purposes  a  separate  body 
under  the  name  of  privy  council,  exists  in  Great  Britain.  The 
fewer  members  of  the  senate  have  therefore  more  business  to  per- 
form, than  the  larger  number  of  members  of  the  house.  Having 
now  never  heard  a  complaint  that  there  are  too  few  senators  for 
their  business,  it  follows  that  the  number  of  the  members  of  the 
house  may  be  profitably  curtailed  for  the  better  despatch  of  the 
legislative  business.  The  house  began  working  with  sixty  mem- 
bers, a  grent  advantage  for  the  Union.  Our  Congress  does  not, 
as  the  English  parliament,  represent  local  interests,  privileges, 
castes,  classes,  clergy,  crown-rights,  etc.,  but  has  only  to  mind  that 
business  which  is  clearly  defined  and  expressly  granted  to  it  by 
the  Constitution  ;  the  responsibility  of  both  houses  is  alike ;  they 
control  and  check  each  other,  to  avoid  errors  in  law-making. 
Thus  there  is  some  likeness  in  the  external  form  of  our  Congress 
with  that  of  the  British  parliament,  but  their  proper  business, 
legislative  duties,  and  responsibility,  differ  widely.  This  difference 
should  caution  us  not  to  adopt  or  imitate  English  laws. 

All  these  provisoes  are  just  and  plain,  and  necessary  for  the 
activity  and  stability  of  Congress.  We  shall  soon  come  to  more 
interesting  subjects. 


42  THE   NATIONAL   GOVERNMENT. 


LETTER    V. 

Election  Returns. —  Quorum.  —  Order  of  Sessions. — Rules  of  Proceedings. 
—  Decorum.  —  Expelling  of  Disorderly  Members. — Journal.  —  Yeas  and 
Nays.  —  Factitious  Legislation  should  be  Rt-sented. — Adjournment. — 
Compensation.  —  Privileged  from  Arrest. —  No  Questioning  for  any 
Speech.  —  Speeches  for  Party  Purposes.  —  Members  of  Congress  ex- 
cluded from  Offices.  —  Exalted  Mission  of  Congress.  —  Influence  of  Ladies. 

WE  have  to  examine  the  framework  of  our  political  national 
fabric  a  little  longer. 

SECTION  v, 

Contains  dispositions  which  may  be  adapted  to  all  kinds  of 
meetings,  for  church  or  charitable  purposes. 

"  1.  Each  house  shall  be  the  judge  of  the  elections,  returns,  and  qualifica- 
tions of  its  own  members,  and  a  majority  of  each  shall  constitute  a  quorum 
to  do  business  ;  but  a  smaller  number  may  adjourn  from  day  to  day,  and  may 
be  authorized  to  compel  the  attendance  of  absent  members  in  such  manner 
and  under  such  penalties  as  each  house  may  provide." 

The  majority  must  govern  ;  this  requires  a  proviso  for  a  working 
number  or  quorum.  This  proviso  prevents  the  minority  from  doing 
business,  and  sufficiently  proves  the  independence  of  our  national 
legislature.  In  Europe  generally  the  governments  prescribe  the 
rules  of  the  houses,  qualifications,  etc. 

"2.  Each  house  may  determine  the  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behavior,  and,  with  the  concurrence  of  two  thirds, 
expel  a  member." 

Members  of  the  American  Congress  should  never  be  guilty  of 
indecorous  behavior.  It  must  have  caused  pain  to  George 
Washington  to  admit  this  clause  and  subscribe  it  as  a  president  of 
the  convention.  The  debates  about  the  political  business  granted 
to  Congress  should  be  of  the  most  courteous,  dignified,  and  temper- 
ate kind.  The  houses,  of  course,  have  also  the  right  to  resent  con- 
tempts, the  same  as  the  courts.  They  have  even  extended  their 
power  to  punish  disorderly  behavior  for  offences  not  committed  as 
senators  or  representatives,  which  were  considered  entirely  incon- 
sistent with  the  senatorial  dignity  and  trust.  There  seems  to  be 


COMPENSATION.  43 

then  no  lack  of  laws  to  prevent,  or  punish  such  disgraceful  scenes, 
which  we  witness  so  often  in  Congress  and  out  of  it,  wherein 
members  of  Congress  are  the  actors.  But  laws  make  no  gentle- 
men, good  mothers  do. 

"3.  Each  house  shall  keep  a  journal  of  its  proceedings,' and  from  time  to 
time  publish  the  same,  excepting  such  parts  as  may,  in  their  judgment,  re- 
quire secrecy ;  and  the  yeas  and  nays  of  the  members  of  either  house,  on 
any  questions  shall,  at  the  desire  of  one  fifth  of  those  present,  be  entered  on 
the  journal." 

This  proviso  shall  render  the  members  of  Congress  more  mind- 
ful of  their  responsibility.  Suppose  a  faction  in  Congress  would 
refuse  the  constitutional  appropriation  for  an  established  branch  of 
the  government,  as  for  instance,  the  army  or  navy,  on  mere  party, 
that  is,  private  or  factitious  grounds,  and  not  on  national  grounds, 
all  those  who  should  be  injured  by  such  an  act  may  claim  damages 
from  the  United  States ;  which,  in  their  turn,  should  take  recourse 
against  such  factitious  members  of  Congress  proved  as  such  by 
their  votes,  and  the  journals  of  the  respective  houses.  The  exist- 
ence of  the  people  in  the  United  States,  as  a  nation,  may  be 
jeoparded  by  factitious  legislation.  As  the  executive  is  amenable 
to  the  law  and  subject  to  impeachment,  so  ought  to  be  factitious 
members  of  legislatures  responsible  with  their  persons  and  prop- 
erty for  their  participation  in  unconstitutional  and  injurious  legis- 
lation not  guided  by  justice.  Hence  the  necessity  of  recording  the 
yeas  and  nays. 

"  4.  Neither  house,  during  the  session  of  Congress  shall,  without  the  con- 
sent of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting." 

By  this  clause  the  members  of  Congress  are  kept  sedate  and  at 
work. 

SECTION   VI. 

"  1.  The  senators  and  representatives  shall  receive  a  compensation  for  their 
services,  to  be  ascertained  by  law,  and  paid  out  of  the  treasury  of  the  United 
States.  They  shall,  in  all  cases  except  treason,  felony,  and  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at  the  session  of 
their  respective  houses,  and  in  going  to  and  returning  from  the  same  ;  and  for 
any  speech  or  debate  in  either  house,  they  shall  not  be  questioned  in  any 
other  place/' 

The  usual  compensation  of  $8  per  day,  besides  a  mileage  to  the 
seat  of  Congress,  going  and  returning,  has  been  changed  of  lute 


44  THE   NATIONAL   GOVERNMENT. 

to  an  annual  salary  of  $3000  per  member.  It  will  make  the 
sessions  shorter  and  the  despatch  of  business  slower.  The  more 
lucrative  the  seats  in  a  legislature  are,  the  more  they  will  be 
coveted  and  abused  by  mere  speculators.  I  remarked  in  another 
place  that  there  are  exceedingly  few  persons  fit  for  this  business. 
This  kind  of  business  should  be  made  as  little  attractive  as  possi- 
ble. The  less  tampering  with  the  laws  the  better.  Our  strength 
is  not  in  laws  —  but  in  virtue  and  self-control,  superseding  political 
laws. 

The  privilege  of  speech  and  debate  refers  merely  to  the  act  of 
delivery.  If  a  member  of  Congress  publishes  a  speech,  and  it 
contains  a  libel,  he  is  liable  for  it.  There  should  be  but  little 
speech-making  in  such  a  legislature  as  Congress,  where  certain 
delegated  business  is  to  be  performed,  and  not,  as  in  Great  Britain, 
a  lordly  king  and  a  proud  wealthy  aristocracy  is  to  be  kept  eternally 
in  check.  You  may  easily  observe  that  almost  all  speeches,  the 
maiden  speeches  included,  in  Congress,  are  made  for  party  and 
personal  purposes,  not  required  by  the  actual  business.  Such 
harangues  and  oratorical  feats  may  be  in  place  in  Great  Britain, 
where  society  is  subject,  all  popular  rights  must  be  conquered,  and 
the  crown  has  been,  by  the  law  of  inheritance,  in  the  possession  of 
an  immense  executive  power  and  patronage  since  time  immemorial. 
But  with  all  such  things,  no  one  in  Congress  has  anything  to  do. 
There  all  is  plain,  settled,  prescribed  business.  Nobody  can  en- 
tertain any  serious  doubts  about  it ;  and  if  this  should  be  the  case, 
the  United  States  supreme  court  is  authorized  to  settle  the  ques- 
tion. For  what  purpose  are  then  with  us  bitter  and  angry  ha- 
rangues ?  The  constitution  gives  no  cause  for  them,  our  best  public 
men  have  never  indulged  in  them.  As  our  form  of  government 
differs  from  the  forms  of  European  governments,  so  should  our 
manner  of  managing  public  affairs  differ  from  theirs.  Ours  should 
be  plain,  business-like,  and  free  of  rhetoric  bombast,  passionate  and 
violent  language.  It  will  be  the  case  if  the  public,  and  especially 
the  ladies,  condemn  this  style. 

"  2.  No  senator  or  representative  shall,  during  the  time  for  which  he  was 
elected,  be  appointed  to  any  civil  office  under  the  authority  of  the  United 
States,  which  shall  have  been  created,  or  the  emoluments  whereof  shall  have 
been  increased  during  such  time ;  and  no  person  holding  any  office  under  the 
United  States,  shall  be  a  member  of  either  house  during  his  continuance  in 
office ." 


BILLS.  45 

The  second  part  of  this  proviso  is  peculiarly  American,  for  in 
all  European  constitutional  states  the  state  officers,  ministers  of  the 
crown  included,  are  elective  or  official  members  of  the  parliaments. 
This  renders  our  Congress  the  more  independent,  and  therefore 
alone  responsible  for  their  acts.  What  a  most  enviable  position 
for  a  real  good  national  legislature  ! 

Let  us  pause  here  a  little,  and  indulge  in  the  hope  that  our  Con- 
gress will  become  more  and  more  true  to  its  exalted  mission,  de- 
lineated in  so  masterly  a  manner  in  this  beautiful  organic  law. 


LETTER    VI. 

Bills  of  Revenue  in  both  Houses.  —  British  Imitation.  —  Veto.  —  All  Presi- 
dents have  used  it.  —  Its  Advantages  in  Regard  to  Factitious  Legislation.— 
Repassing  Bills.  —  Punishment  of  Unconstitutional  Legislation.  —  Two- 
third  Vote.  —  Parties.  —  How  to  get  an  Office.  —  Electors.  —  Political 
Brokers. — '.Strict  Morality  in  obtaining  Offices  nowhere.  —  How  they  are 
bestowed  in  Monarchies  and  Republics.  —  Faction,  its  Danger.  —  Aboli- 
tionists a  Faction.  —  Custom  in  England  that  Ministers  resign  when  de- 
feated in  Parliament,  to  be  imitated  in  the  United  States. 

THE  following  section  shows  how  the  congressional  laws  are 
made  by  propositions  or  bills  : — 

SECTION   VII. 

"  1.  All  bills  for  raising  revenue  shall  originate  in  the  house  of  representa- 
tives ;  but  the  senate  may  propose  or  concur  with  amendments,  as  on  other 
bills." 

This  is  an  imitation  of  the  British  parliament.  In  practice,  it 
is  confined  to  bills  for  levying  taxes,  and  not  to  other  bills  which 
may  indirectly  produce  a  revenue,  as  laws  concerning  the  mint, 
postoffice  department,  public'lands,  etc. 

"  2.  Every  bill  which  shall  have  passed  the  house  of  representatives  and 
the  senate  shall,  before  it  become  a  law,  be  presented  to  the  president  of  the 
United  States.  If  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it, 
with  his  objections,  to  that  house  in  which  it  shall  have  originated,  who  shall 
enter  the  objections  at  large  on  their  journal,  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration,  two  thirds  of  that  house  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other  house,  by 
which  it  shall  likewise  be  reconsidered,  and  if  approve/I  by  two  thirds  of  that 


46  THE   NATIONAL   GOVERNMENT. 

house,  it  shall  become  a  law.  But  in  all  such  cases  the  votes  of  hoth  houses 
shall  be  determined  by  yeas  and  nays  ;  arid  the  names  of  the  persons  voting 
for  and  against  the  bill  shall  be  entered  on  the  journal  of  each  house  respect- 
ively. If  any  bill  shall  not  be  returned  by  the  president  within  ten  days 
(Sundays  exceptcd)  after  it  shall  have  been  presented  to  him,  the  same  shall 
be  a  law  in  like  manner  as  if  he  had  signed  it,  unless  the  Congress  by  their 
adjournment  prevent  its  return,  in  which  case  it  shall  not  be  a  law." 

This  proviso,  which  creates  the  veto-power  of  the  president,  and 
defines  the  same  with  great  accuracy,  has  been  often  denounced 
as  one  which  interferes  with  the  independence  of  the  legislative 
branch  of  the  government.  But  it  has  been  exercised  by  all 
presidents  from  Washington  to  Pierce,  and  considered  so  whole- 
some, that  it  has  found  a  place  in  almost  all  our  state  constitutions, 
even  of  the  latest  date.  There  is  no  doubt  that  considerate  presi- 
dents and  governors  may,  by  means  of  this  veto-power,  best  pre- 
vent inconsiderate  legislation.  It  is  also  required  for  the  protec- 
tion of  the  minority.  On  such  opportunities,  and  in  their  annual 
messages,  they  may  urge  and  broach  sound  doctrines,  which  do 
not  so  easily  make  themselves  heard  in  legislative  bodies,  ofttimes 
too  numerous  and  noisy  for  legislative  purposes. 

The  intrigues  and  power  of  parties  and  factions,  extraneous  in- 
fluences (the  lobby)  of  interested  and  designing  persons,  limited 
time  of  the  sessions,  and  carelessness,  may  be  the  origin  of  laws, 
which,  when  executed,  would  promote  more  harm  than  good.  On 
this  point  of  legislation  the  executive  must  be  the  best  judge. 
There  could  not  occur  an  unconstitutional  law  in  our  country  if 
this  veto-power  were  exercised  with  more  circumspection.  In  a 
self-governing  society,  a  few,  simple,  general  laws  are  desired  for 
the  common  welfare.  From  this  view,  so  often  laid  down  in  the 
messages  of  our  better  presidents,  the  veto-power  has  been  cre- 
ated in  the  constitution.  Its  history  proves  that  it  always  has 
been  used  justly  by  our  presidents.  In  this  regard  our  executives 
have  an  important  duty  to  perform.  They  will  do  it  rightly  if 
they  start  from  the  point  that  our  governments  are  only  required 
for  the  realization  of  justice;  that  they-have  to  protect  and  con- 
serve the  rights  of  self-government  and  liberty  ;  that  they  have 
not  to  meddle  with  non-political,  social  affairs ;  that  they  must 
move  strictly  within  the  limits  of  the  constitution,  and  neither 
allow  partisan  legislation  nor  indulge  in  the  realization  of  ideals 
and  moral  problems,  which  must  be  left  to  the  exertions  of  those 


UNCONSTITUTIONAL   LAWS.  47 

whose  proper  duty  and  avocation  it  is  to  occupy  themselves  with 
such  subjects.  Bad  laws  create  more  evil  than  can  be  remedied 
by  their  repeal.  Considerate  and  just  laws  are  veto  and  repeal 
proof. 

None  of  our  constitutions  or  statute-books  contains  a  proviso  on 
the  punishment  of  those  who  propose  or  approve  of  unconstitu- 
tional laws.  A  due  sense  for  justice  makes  one  desirable  to  check 
such  legislation,  which  is,  if  not  criminal,  highly  disgraceful  under 
written  constitutions.  We  can  not  be  careful  enough  in  selecting 
the  members  of  Congress  and  in  legislating,  to  save  the  reputa- 
tion of  our  system  of  governing.  There  is  in  the  English  parlia- 
mentary transactions  between  the  ministry  and  the  houses  a  cus- 
tom, that  the  first  resign  when  they  are  defeated  by  a  vote  on  the 
bills  brought  in  by  them.  This  can  not  happen  in  Congress,  be- 
cause government  does  not  propose  bills.  This  English  custom  is 
based  upon  the  assumption,  that  the  king  can  not  err  and  is  there- 
fore not  responsible,  also  not,  when  proposing  a  bill  by  his  re- 
sponsible ministers.  In  the  untoward  case,  however,  that  such  a 
bill  should  not  pass,  it  would  be  against  good  aristocratic  taste,  to 
carry  on  the  government  with  a  ministry  exposing  the  king  to  a 
defeat  in  the  parliament.  Something  like  such  a  custom  should 
prevail  in  Congress  and  states,  in  cases,  when  a  law  has  been  de- 
clared unconstitutional  by  the  judiciary.  The  executive,  who  has 
signed  such  a  law,  should  then  resign  at  once,  to  save  the  people 
the  humiliation  to  be  governed  by  a  constitution-breaking  execu- 
tive, whose  main  duty  is  to  see,  that  the  constitution  is  preserved 
and  together  with  the  laws  faithfully  executed. 

"3.  Every  order,  resolution,  or  vote,  to  which  the  concurrence  of  the  senate 
and  house  of  represewtatives  may  he  necessary  (except  on  a  question  of  ad- 
journment), shall  be  presented  to  the  president  of  the  United  States ;  and  he- 
fore  the  same  shall  take  effect,  shall  he  approved  by  him  or  hein^  disapproved 
hy  him,  shall  he  repassed  by  two  thirds  of  the  senate  and  the  house  of  rep- 
resentatives, according  to  the  rules  and  limitations  prescribed  in  the  case 
of  a  bill." 

This,  as  you  will  see,  is  a  mere  extension  of  the  preceding 
clause.  Rules  and  resolves  concerning  the  internal  affairs  of  each 
house  come  riot  within  the  scope  of  this  provision. 

Let  us  now  take  a  short  review  of  the  sections  we  have  perused, 
They  contain  the  rules  for  the  organization  and  working  of  the 
Congress.  The  constitution  says  not  a  word  of  the  parties  or  the 


48  THE   NATIONAL   GOVERNMENT. 

ways  and  means  of  making  a  candidate  for  Congress,  and  what  a 
party-candidate  has  to  do  to  get  into  a  place  or  office  of  influence 
and  emolument.  The  constitution  presupposes  that  the  people  or 
electors,  and  nobody  else,  shall  be  the  source  from  which  officials 
spring  up.  But  this  is  not  the  case  in  reality.  It  is  obvious,  that 
all  our  elections  are  managed  by  parties,  which,  from  usage,  are 
the  agents  of  the  people  and  candidates  in  all  election  affairs. 
We  may  compare  them  to  the  brokers  who  are  stepping  in  be- 
tween sellers  and  buyers  to  realize  a  bargain.  Those  parties,  or 
political  brokers,  leave  for  the  people  nothing  to  do  at  the  ballot- 
box,  which  is  called  the  palladium  of  our  liberty,  but  to  approve 
their  party-candidates,  or,  to  throw  their  votes  away,  as  the  phrase 
is,  because,  as  matters  are,  a  no-party  candidate  will  never  com- 
mand a  majority  of  the  votes. 

History  proves,  that  there  is  no  state  (and  I  fear  that  there 
never  will  be  one),  where  the  ways  and  means  to  office  and  in- 
fluence or  power  are  such  as  they  ought  to  be,  according  to  justice 
and  morals.  In  monarchies  birth,  station,  connections,  armies, 
courts  favor,  and  what  is  called  loyalty  to  the  ruling  party, 
smoothes  the  path  to  office  and  preference ;  in  democracies  a  hun- 
dred artifices  of  popularity,  party,  even  faction,  open  the  road  to 
power.  Bribery  with  its  golden  key  unlocks  many  doors  to  of- 
fices everywhere.  Talent  and  merit,  if  not  patronised  by  royal 
or  public  favor  or  party,  remains  behind.  The  press,  another 
palladium  of  our  liberty,  is  also  the  willing  helpmate  of  partisans  or 
the  servile  instrument  of  princely  courts.  Of  course,  in  democra- 
cies many  noble  principles  are  set  forth  in  platforms  to  strengthen 
the  parties,  and  to  recommend  them  to  the  favor  of  the  people ; 
still  all  this  activity  of  parties  is  not  legalized  by  law  or  the  con- 
stitution, and,  consequently,  thus  far,  Congress  depends  entirely 
upon  a  power,  that  of  party,  which  is  irresponsible,  although  it 
assumes  the  management  of  the  most  important  right  of  a  free  peo- 
ple, that  of  voting.  I  am  aware  that  party  is  a  part  of  the  peo- 
ple, still  it  is  not  the  people.  When  the  force  of  party  is  turned 
against  the  law  and  constitution  from  selfish  or  even  treasonable 
motives,  party  becomes  faction.  Of  course,  faction  must  be  di- 
rectly dangerous  to  the  stability  of  the  political  fabric  and  constitu- 
tion, while  parties,  which  have  their  origin  merely  in  a  difference 
of  opinion  about  the  existing  laws,  are  harmless.  Genuine  party 


PARTIES.  49 

never  plots,  but  faction  does ;  party  shuns  violence,  but  faction 
seeks  and  craves  it.  The  abolitionists  form  a  faction  and  not  a 
party,  because  they  act  with  violence  against  the  laws  and  con- 
stitution, burn  this  document,  ignore  the  Union  and  the  constitu- 
tional compromises  upon  which  it  rest,  oppose  with  arms  in  hand 
the  officers  of  the  government,  refuse  constitutional  appropriations 
on  pany  grounds,  and  may  finally  destroy  the  political  structure, 
if  not  checked  by  the  common  sense  of  the  law-abiding  people. 

I  believe  that  we  have  nothing  at  all  to  fear  from  our  officers 
in  regard  to  liberty,  or,  what  is  the  same,  in  regard  to  the  stability 
and  safety  of  our  political  institutions,  even  admitting  that  they 
often  abuse  their  offices  for  selfish  purposes ;  but  we  have  every- 
thing to  fear  from  factions,  which  spring  up  in  our  midst,  and 
from  unprincipled  party  influences  in  our  legislatures.  The  offi- 
cers change  their  places,  but  leaders  of  parties  and  factions  do  not; 
they  take  a  strong  hold  upon  the  mind  and  passions  of  man,  and, 
if  reckless,  will  not  rest  until  a  constitution  which  bars  their  plots 
is  broken  down. 

I  write  from  experience,  that,  upon  the  activity  of  parties  and 
factions,  women  have  an  immense  influence.  Read,  my  dear  chil- 
dien.  the  history  of  the  French  Revolutions.  The  worst  scenes 
of  the  first  Revolution  were  enacted  under  the  auspices  of  infuri- 
ated viragos.  If  they  had  taken  the  part  of  peace,  order,  and 
propriety,  the  lives  of  thousands,  wantonly  butchered,  would  have 
been  saved.  We  all  admit  that  the  influence  of  women  upon  the 
character  of  American  society  is  all-powerful  and  most  benefi- 
cial. What  would  society  be,  everywhere,  without  it?  Women 
f<  rm  one  half  of  society.  God's  plan  can  not  be,  that  one  half  of 
human  society  shall  be  in  public  social  affairs  a  blank.  Their 
influence  is  in  the  direction  of  decorum,  taste,  and  urbanity.  If  it 
i>  general,  this  character  will  be  stamped  upon  our  public  affairs 
too.  It  is  in  want  of  a  more  universal  influence  of  woman  upon 
society,  that  the  management  of  our  public  affairs  seems  to  be  so 
undignified  and  tasteless.  Party  helps  to  offices  and  power. 
'•  Party,"  so  said  Swift,  "  is  the  madness  of  the  many  for  the  ben- 
efit of  the  few."  There  is  no  greater  slavery,  no  more  corrupting 
condition,  than  the  blind  devotedness  to  party.  If  I  vote  for  a 
party  candidate,  I  do  it  because  I  believe  him  to  be  the  fittest  man 
for  the  place ;  but,  this  done,  I  watch  his  course  with  the  iridepen- 

3 


50  THE  NATIONAL   GOVERNMENT. 

dence  of  a  freeman,  and,  if  it  should  turn  out  to  be  wrong,  oppose 
him  with  all  lawful  means.  On  the  other  hand,  I  support  an  offi- 
cer or  legislator  elected  by  another  party,  with  the  same  unbiased 
independence,  if  he  is  right.  I  beseech  you,  my  sons,  to  act  like- 
wise as  citizens.  In  regard  to  party  promises,  or  platforms,  or 
resolves,  the  constitution  and  established  justice  must  guide  your 
judgment.  Only  those  platforms  are  worth  noticing  which  are 
truly  constitutional. 

The  constitution  is  our  political  theory,  which  may  be  corrupted 
or  destroyed  by  a  wrong  practice.  Every  voter  must  be  clear 
before  he  decides  on  a  candidate,  whether  the  party  by  which  he 
is  proposed  rests,  in  regard  to  its  aims,  on  the  constitution  or  not. 
About  special  laws  —  as,  for  example,  whether  a  naturalized  citi- 
zen may  be  admitted  to  vote  in  five,  or  ten,  or  twenty  years  — 
there  may  exist  a  great  variety  of  opinions,  for  such  objects  de- 
pend upon  expediency,  circumstances,  and  general  principles  of 
justice,  but  not  upon  the  constitution  itself.  But  whether  Con- 
gress has  the  power  to  enact  prohibitory  laws  in  regard  to  the 
settlement  of  the  territories  or  not,  is  a  constitutional  question,  and 
not  one  of  mere  expediency.  If  such  a  power  be  admitted,  Con- 
gress may  to-day  exclude  certain  classes  of  Americans,  to-morrow 
catholic  Irishmen,  and  again,  protestant  Germans,  from  settling 
and  cultivating  wild  lands  in  Kansas  and  elsewhere,  and  setting 
up  states. 

I  warn  you,  my  sons,  especially  never  to  be  the  slaves  of  party, 
and  always  to  judge  carefully  and  soberly  on  the  so-called  party 
platforms,  whether  they  are  strictly  constitutional  or  not ;  because, 
by  supporting  an  unconstitutional  party  by  your  votes,  you  make 
yourselves  guilty  of  a  treason  against  the  constitution,  the  founda- 
tion upon  which  our  social  happiness  and  national  welfare  rests. 


POWERS   OF   CONGRESS.  51 


LETTER   VII. 

Congressional  Business  or  Powers.  —  Political  Institutions.  —  United  States, 
States,  Counties,  Towns,  Cities,  Villages.  —  Conflicts  between  them. — 
Supreme  Court  the  Arbiter.  —  Kansas  Troubles.  —  Direct  and  Indirect 
Taxation.  —  Paying  Debts.  —  Estimates.  —  Tariffs.  —  Direct  Taxation  un- 
popular.—  Protective  and  Prohibitive  Tariffs. 

WE  have  now  arrived  at  that  part  of  the  constitution  which 
tells  us  what  business  properly  belongs  to  Congress,  and  what  not. 
There  is  more  life,  more  interest,  more  matter  of  fact. 

The  public  affairs  committed  to  the  care  of  Congress  are  called 
powers  of  Congress,  because  they  are  granted,  or  given  in  trust. 
Properly  speaking,  these  affairs  are  alike  all  over  the  world. 
Governments,  of  whatever  form,  should  never  assume  more  busi- 
ness than  is  required  for  the  realization  of  justice.  To  define  the 
limits  of  the  authority  of  Congress,  a  special  list  of  the  political 
business  granted  to  it  was  necessary,  to  distinguish  it  from  other 
political  business  reserved  for  the  states.  The  framers  of  the  con- 
stitution have  made  this  list  with  great  care  and  a  due  apprecia- 
tion of  the  great  difference,  as  we  have  already  noticed,  which 
exists  between  national  and  municipal  political  affairs. 

I  shall  try  to  make  this  difference  plain  enough.  The  political 
institutions  —  as  the  United  States,  states,  counties,  towns,  cities, 
and  villages — are  cut  out  of  the  same  everlasting  material,  viz., 
society,  which  without  them  would  be  nothing  but  a  confused 
maze.  However,  man  being  so  much  given  to  quarrelling,  it  can 
not  fail  that  conflicts  or  disputes  will  happen  about  this  political 
business,  whether  it  may  be  done  by  towns  or  counties,  states  or 
Congress.  But,  under  written  constitutions,  and  in  unsubjected 
society,  they  should  never  partake  of  a  serious  or  disturbing  char- 
acter, especially  while  it  is  the  office  of  the  judiciary  to  decide  on 
such  conflicts. 

The  argumentation  depends,  then,  upon  the  reading  and  inter- 
pretation of  the  constitutions.  The  federal  constitution  is  so  plainly 
worded,  and  its  purpose  (the  organization  of  the  national  political 


52  THE   NATIONAL  GOVERNMENT. 

business)  so  clearly  set  forth,  that  such  conflicts  have,  up  to  this 
time,  rather  partaken  of  the  nature  of  common  lawyer  cavilling, 
easily  set  aside  by  the  supreme  court.  The  Kansas  troubles 
make  an  exception,  because  faction  raised  arms  against  the  con- 
stitutional territorial  government  of  Congress.  Let  us  see  what 
business  belongs  to  Congress. 

SECTION   VIII. 

The  Congress  shall  have  power — 

"1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay  the  debts 
and  provide  for  the  common  defence  and  general  welfare  of  the  United  States ; 
but  all  duties,  imposts,  and  excises,  shall  be  uniform  throughout  the  United 
States." 

It  is  obviously  a  mere  consequence  of  the  establishing  of  a  gov- 
ernment, that  it  must  possess  the  power  to  raise  revenues  for  its 
support.  Without  it  there  would  be  no  government  at  all.  Taxes, 
duties,  imposts,  excises,  were  revenues  in  public  use  in  Great 
Britain  and  other  countries  at  the  time  of  the  framing  of  the  con- 
stitution. At  present,  the  terms  duties  and  imposts  are  synonymous. 
Revenues  are  of  two  kinds,  either  direct  or  indirect.  The  first  are 
generally  called  taxes ;  incomes  from  customs,  public  lands,  the 
mint,  etc.,  belong  to  the  second  class.  The  difference  between  the 
two  is,  that  direct  revenues  or  taxes  are  levied  upon  persons  and 
property ;  while  indirect  taxes  are  derived  from  the  use  or  con- 
sumption of  certain  commodities,  and  chiefly  from  imported  arti- 
cles of  luxury,  fashion,  etc. 

Direct -revenues  are  based  upon  certain  estimates,  correspond- 
ing with  the  wants  of  the  government;  indirect  revenues  are  col- 
lected by  tariffs,  and  bring  either  more  or  less  than  the  govern- 
ment requires,  according  to  the  amount  of  imposts :  if  more,  they 
are  superfluous,  which  may  lead  to  profligacy  and  abuse  of  power; 
if  not  sufficient,  the  credit  of  the  government  may  suffer  from  the 
want  of  means.  Direct  taxes  are  said  to  be  more  or  less  odious, 
because  they  can  be  counted;  while  indirect  taxes  are  borne 
more  easily,  because  they  can  not  be  readily  ascertained  by  the 
consumer.  Monarchs  were  and  are  in  favor,  and  the  inventors 
of,  indirect  revenues.  In  the  United  States,  direct  taxes  must  be 
apportioned  in  proportion  to  the  population  of  the  several  states 
(see  Section  ii.,  No.  3). 

The  United  States  treasury  is  at  present,  in  the  main,  filled  by  the 


CONTRACTING  DEBTS.  53 

customs,  an  arrangement  which  excludes  the  idea  of  absolute  free- 
dom of  commerce.  Thus,  we  are  so  little  accustomed  to  pay  a 
tax  for  Congress,  that  a  taxation  on  this  account  would  be  unpop- 
ular, as  the  phrase  is.  The  wording  of  this  clause  plainly  shows 
that  the  framers  of  the  (Constitution  wished  not  to  tie  up  the  hands 
of  Congress  in  the  care  for  its  financial  resources,  so  that  our  fed- 
eral government  is  at  liberty  to  act  according  to  time  and  circum- 
stances, which,  together  with  public  opinion,  have  a  great  influ- 
ence upon  the  finances  of  nations.  Of  course,  this  part  of  the 
public  business  is  the  cause  of  a  treasury  department  with  a  sec- 
retary at  its  head,  customhouses,  collectors,  sub-treasurers,  and  a 
large  number  of  offices  for  the  collecting,  controlling,  and  disbursing 
of  the  revenues. 

It  is  self-evident  that  laws  on  customs  revenues  ought  to  be 
made  with  a  view  to  benefit  the  home  and  not  foreign  industry, 
as  long  as  such  customs  are  raised  from  a  similar  view  abroad. 
This  is  required  by  the  principle  of  mutuality  in  social  affairs. 
The  natural  order  of  things  is  freedom  of  industry,  of  which  com- 
merce is  a  branch.  It  is  impossible  to  determine,  with  mathemati- 
cal accuracy,  the  just  limits  of  such  customs,  especially  on  account 
of  the  influence  of  foreign  customs  systems.  This  has,  therefore, 
been  the  cause  of  violent  party  disputes  —  one  party  (the  whig) 
advocating  protective  and  even  prohibitive  customs ;  the  other 
party  (the  democrats)  free  trade.  A  middle  course,  between 
those  extremes,  is,  under  prevalent  international  circumstances, 
preferable. 


LETTER    VIII. 

Contracting  Debts.  —  States  to  pay  as  they  go.  —  Regulation  of  Commerce 
at  Home  and  Abroad. — Law  of  Mutuality.  —  The  Self-preservation  of 
Nations. 

WE  continue  our  reading.     The  Constitution  allows  Congress : 

"2.  To  borrow  money  on  the  credit  of  the  United  States." 

This  is  a  needful  proviso  to  raise  a  revenue  temporarily  —  for 

instance,  in  time  of  war,  or  if  suddenly  the  imports  on  luxuries, 

etc.,  should  fall  off.     Public  economists  maintain  that  mere  muni. 


54  THE  NATIONAL  GOVERNMENT. 

cipal  governments,  as  our  states,  should  be  deprived  of  the  power 
to  borrow  money,  and  "  pay  as  they  go,"  because  they  can  in  their 
ordinary  walk  of  business  never  be  exposed  to  a  necessity  of  bor- 
rowing money,  while  Congress,  as  the  manager  of  our  national 
affairs,  may  in  consequence  of  an  untoward  event,  as  aggressive 
war,  rebellion,  etc.,  be  involved  in  difficulties  with  foreign  nations, 
requiring  such  temporary  expedients  to  furnish  means  for  the  com- 
mon defence. 

"  3.  To  regulate  commerce — 
a  With  foreign  nations. 
b  And  among  the  several  states, 
c  And  with  the  Indian  tribes." 

Three  distinct  objects  are  here  committed  to  the  care  of  Con- 
gress, which  are  as  such  pointed  out  in  print.  Those  few  lines 
have  given  rise  to  frequent  debates,  often  of  a  very  irritating  char- 
acter in  Congress. 

The  intention  of  the  constitution  is  plain  enough,  if  we  read  it 
as  the  organic  law  defining  the  national  political  business,  and  not 
as  one  written  for  merchants  and  traders.  Then  the  words  to 
regulate  commerce  with  foreign  nations,  or  with  our  quasi  nations, 
the  states,  at  home,  and  Indian  tribes,  can  not  mean  that  Congress 
shall  tell  traders,  where  to  get  goods,  or  to  fight  the  Chinese  to 
force  them  to  buy  tobacco  from  us,  or  build  canals  or  roads  for  the 
transportation  of  goods,  etc. ;  never,  they  simply  define  a  plain 
business,  belonging  to  all  national  governments,  to  make  treaties 
or  certain  rules  or  laws  by  which  commerce  in  its  threefold  direc- 
tion, clearly  pointed  out,  shall  be  regulated  and  protected  on  land 
and  water.  Hence  treaties  about  coasting-trade,  fisheries,  equality 
of  duties,  Danish  Sound  dues,  police  over  the  oceans,  ocean  har- 
bors, and  navigable  inland  waters,  crafts  and  seamen,  pilotage, 
salvage,  ports  of  entry,  embargo,  lighthouses,  safety  of  passengers 
(incidental)  on  board  ship,  etc.,  are  exclusive  business  objects  for 
Congress,  whose  authority  is  exhausted  as  soon  as  the  case  ceases 
to  be  a  national  one,  when  the  municipal  authority  takes  its  place. 
Local  internal  improvements  have  no  connection  with  this  clause. 
It  follows  from  this  clause  that  no  state  government  has  the  power 
to  make  commercial  regulations  with  foreign  governments,  or  with 
a  government  of  one  of  the  states,  or  with  Indian  tribes.  The 
words  "  to  regulate  commerce,"  have  no  meaning  without  the 


COMMERCE.  55 

words  which  follow.  In  such  an  abstract  manner  there  is  no 
government  on  earth  wise  and  powerful  enough  to  regulate  com- 
merce. The  framers  of  the  constitution  were  not  the  men  guilty 
of  such  a  folly.  Still  party  has  taken  hold  of  this  provision  to 
make  capital  out  of  it.  Partisans  have  inferred  from  those  words, 
"  to  regulate  commerce,"  that  the  power  of  Congress  to  regulate 
commerce,  is  unlimited. 

This  clause,  namely,  the  duty  of  Congress  to  regulate  the  com- 
merce between  the  confederated  states,  is  the  main  source  of  our 
internal  commercial  liberty,  one  of  the  greatest  boons  of  our  con- 
federation, and  the  very  cause  of  the  wonderfully  fast-spreading 
culture  of  the  land,  because  no  state  can  enact,  constitutionally  laws 
levying  taxes  upon  trade,  as  the  states  do  in  Germany,  although 
confederated,  and  as  the  Dutch  and  Swiss  republics  did,  and  the 
latter  perhaps  still  do.  Bloody  revolutions  have  been  the  result 
of  such  commercial  checks  and  burdens,  guarantied  by  this  clause 
of  our  noble  constitution,  which  so  endears  our  Union  to  the  solid 
mass  of  the  people,  and  which  renders  it  a  desirable  home  for  all 
industrious  men.  What  feelings  would  take  the  place  of  this  love 
of  our  country,  should  the  industry  of  the  Boston  merchant  be 
checked  by  custom  lines  around  every  state?  should  Louisiana 
have  power  to  tax  New  York  city,  and  the  state  of  New  York 
New  Orleans  ?  This  most  precious  liberty  of  commerce,  for  which 
fanatics  and  factionists  care  little,  is  the  result  of  the  clause  giving 
Congress  the  right  to  regulate  commerce  among  the  several  states. 
Further,  in  consequence  of  this  proviso,  neither  our  own  states  nor 
foreign  governments  can  meddle  with  our  Indian  tribes.  With- 
out a  good  deal  of  fanciful  reading  and  cavil  this  clause  can  not 
be  misunderstood. 

Fancy  delights  in  considering  human  society  as  one  family.  It 
is  so  in  abstraction,  but  not  in  reality,  which  shows  that  it  is  com- 
posed of  different  races,  and  these  are  divided  into  different  inde- 
pendent nations,  represented  by  peculiar  governments,  acting  like 
persons,  that  is,  taking  good  care  of  their  self.  No  person,  no 
family,  can  exist  otherwise.  It  is  much  the  same  with  nations  as 
such.  But  if  this  is  done  according  to  the  law  of  mutuality,  the 
essence  of  justice,  expressed  by  the  Christian  sentence,  Do  unto 
others  as  you  wish  they  may  do  unto  you,  persons  and  nations  will 
exist  co-ordinately  and  comfortably  together.  To  preserve  this 


56  THE   NATIONAL   GOVERNMENT. 

comfort,  persons  and  nations  must  be  on  their  guard  against  tres- 
passers and  trespassing.  Suppose  a  European  nation  and  their 
government  were  much  more  depending  upon  the  commerce  with 
our  nation  than  we  upon  theirs,  and  their  government  opposed  to 
ours  in  theory  and  practice,  then  this  law  of  mutuality  and  due 
regard  to  ourself  and  comfort,  imperatively  require  to  regulate 
this  intercourse  from  our  side  so  that  we  should  not  strengthen  by 
it  the  hostile  force  and  attitude  of  the  foreign  government,  in  order 
,to  avoid  our  own  national  suicide.  This,  to  balance  right,  requires 
wise,  delicate,  and  resolute  statesmanship. 


LETTER    IX. 

Naturalization  and  Bankruptcy  Laws.  —  Foreigners. — Declaration  of  In- 
tention to  become  a  Citizen.  —  Congress,  and  State-citizenship  Laws.  — 
Family  Suffrage.  —  American  Woman's  Influence. —  Credit.  —  Congress 
not  true  to  their  duty. — Legislation  of  the  several  States  on  Bankruptcy 
Suppletive.  —  France.  —  Germany.  —  President  Buchanan's  Message  on 
a  Congressional  Bankruptcy  Law.  —  Congressional  Committee  report 
against  it.  —  Denies  the  Power  of  Congress. 

WE  come  now  to  the  "foreigners."  Congress  further  has  the 
power : — 

"  4.  To  establish  a  uniform  rule  of  naturalization,  and  uniform  laws  on 
the  subject  of  bankruptcies  throughout  the  United  States." 

For  the  sake  of  brevity,  two  business  objects  have  been  inclosed 
in  this  clause,  which  have  nothing  in  common.  The  second  sen- 
tence concerning  bankruptcies  would  never  have  found  a  place  in 
the  constitution,  if  Congress  were  indeed  the  regulator  of  com- 
merce, because  as  such  this  body  could  make  as  many  laws  con- 
cerning bankruptcies,  banks,  drafts,  commercial  partnerships,  pro- 
tests, exchange,  discount,  as  it  pleased,  incidentally  to  the  foregoing 
clause.  Aliens  must  be  Americanized/  The  colonies  were  a 
creation  of  immigration  ;  that  immigration  from  Europe  would 
fill  the  vast  regions  of  the  United  States,  was  foreseen  by  the  sa- 
gacious framers  of  the  constitution.  To  give  uniformity  to  this 
national  business,  Congress  was  empowered  to  legislate  upon  it. 


BANKRUPTCY  LAWS.  57 

Hence,  the  naturalization  laws,  by  which,  of  course,  were  ex- 
cluded titles,  orders  of  nobility,  allegiance  to  foreign  governments 
or  princes,  and' a  certain  time  fixed,  five  years'  residence  in  the 
country,  temporary  business  absence  not  included,  and  required  a 
declaration  of  the  intention  to  become  a  citizen,  etc.  State  legis- 
latures have  altered  the  time  of  five  years,  and  reduced  it,  in 
regard  to  voting,  to  one  year  and  less,  producing  a  kind  of  conflict 
with  the  laws  of  Congress,  which  has  become  a  bone  of  party 
contention. 

The  federal  constitution,  and  the  laws  of  Congress  in  this  res- 
pect, seem  to  have  operated  well,  while  state  legislation  has  led  to 
voting  abuses,  especially  in  consequence  of  the  general  suffrage 
law.  Viewing  emigration,  and  its  political  consequences,  from  a 
simple  natural  social  standing-point,  we  must  be  inclined  to  admit 
that  the  establishing  of  a  family,  and  home,  is  the  universal  begin- 
ning of  the  real  exercise  of  citizen  rights,  and  presumptively 
qualifies  better  than  a  law  can  do  to  voting.  If  a  naturalization 
law  could  start  from  this  natural  basis,  the  matter  would  be  easily 
set  right,  and  state  interference  prevented.  I  admit  that  the 
voting  by  families  is  yet  unpopular,  but  if  American  women  would 
look  into  the  matter,  and  insist  upon  such  a  voting  law,  it  would 
soon  be  carried,  and  prove  to  be  one  of  the  greatest  social  politi- 
cal improvements  of  the  time,  and  remain  for  ever  popular  ;  for  it 
is  just,  necessary,  natural,  and  common  sense,  as  the  family  state 
itself,  while  the  general  suffrage  law  is  a  mere  arbitrary  measure. 

The  second  part  of  this  clause  attributes  to  Congress  the  care 
for  a  general  bankrupt  law. 

The  framers  of  the  constitution  were  well  aware  of  the  immense 
importance  of  the  confederation  in  regard  to  the  expansion  of 
industry  and  commerce.  They  knew  further,  that  commerce 
without  credit  is  impossible,  and  that  credit  will  degenerate  into 
swindling,  and  lose  its  moral  force  without  the  support  of  uniform 
stringent  laws.  The  idea  of  having  throughout  the  Union  a  gen- 
eral law  on  the  subject  of  bankruptcy,  sprung  up  from  a  true, 
honest,  and  statesmanlike  appreciation  of  the  confederation.  To 
such  an  appreciation,  however,  Congress  never  has  come,  never 
has  aspired.  This  assemblage  is  far  from  answering  to  its  true 
constitutional  purpose.  Very  few  of  its  members  take  the  consti- 
tution for  their  rule  of  action.  Thus  Congress  has  tried  repeat- 

*3* 


58  THE   NATIONAL   GOVERNMENT. 

edly  to  enact  a  uniform  bankruptcy  law,  but  it  always  failed,  so 
that  this  clause,  thus  far,  is  not  exhausted  by  legislative  action. 
The  state  legislatures  have  supplied  this  deficiency,  which,  of 
course,  produces  a  variety  of  systems  where  uniformity  is  desira- 
ble. In  South  Carolina,  executors  of  estates  have  a  right  to  help 
themselves  if  they  have  claims  against  them  before  all  other  cred- 
itors; they  can  pay  any  creditor  they  please,  according  to  the 
dignity  of  the  debt ;  a  man  dying,  or  failing,  may  there  prefer  one 
creditor  to  another,  etc.  If  now  a  citizen  of  another  state  is  not 
aware  of  this  anomalous  state  of  things,  and  belongs  not  to  the 
dignified  creditors,  he  will  suffer  losses,  while  a  uniform  con- 
gressional law  should  protect  him  from  such. 

The  opinion  is  at  present  adopted  that  this  grant  is  not  an  ex- 
clusive one,  and  that  thus  the  state  legislatures  may  enact  bank- 
rupt laws  which  would  be  unconstitutional  if  this  clause  should  be 
exclusive.  But  this  seems  to  be  not  true,  for  if  this  opinion  be 
right,  all  other  grants  in  this  clause  would  be  as  little  exclusive, 
for  they  are  all  made  in  the  same  manner  and  tenor.  The  fact  is, 
Congress  has  had,  up  to  this  time,  no  good  will,  or  energy  enough 
to  establish  a  uniform  bankruptcy  law,  therefore,  the  state  legis- 
latures were  obliged  to  supply  the  deficiency  temporarily.  As 
soon  as  Congress  would  enact  one,  then  all  state  laws  in  this  re- 
gard would  cease  to  be  valid. 

You  see  how  much  work  is  still  left  for  us  by  this  noble  consti- 
tution. If  the  prevalent,  virulent  and  speculative  party  spirit  will 
pervade  Congress  longer,  it  will  never  be  wholly  executed. 

France,  with  thirty-five  million  inhabitants,  has  a  uniform  law 
on  this  subject;  and  I  observe  that  there  was,  in  1857,  a  conven- 
tion sitting  in  Germany  to  make  one.  No  doubt  that  our  consti- 
tution has  suggested  the  idea.  So  I  hope  it  will  be  now  soon 
realized,  for  the  benefit  of  the  public  and  unfortunate  honest 
debtors  at  home. 

President  Buchanan  having,  in  his  first  annual  message  to 
Congress,  suggested  the  necessity  of  enacting  a  uniform  general 
bankruptcy  law,  Congress  appointed  a  committee,  who  reported 
that  the  subject,  especially  with  reference  to  banks,  belonged  to 
the  states  to  legislate  upon.  This  may  have  been  satisfactory  to 
this  committee,  but  is  adverse  to  the  constitution,  and  something 


COINING   AND   COUNTEKFEITING.  59 

like  insubordination  or  revolution.  A  business  intrusted  wisely 
by  the  people  to  Congress,  can  not,  by  their  agents,  be  intrusted  to 
the  states  without  causing  confusion  and  anarchy. 


LETTER    X. 

Coining  Money.  —  Its  Value.  —  Standard  of  Weights  and  Measures.  — 
Mints.  — Assay  Offices.  —  Decimal  Coinage.  —  Counterfeiting.  —  Punish- 
ment. —  Post-Offices.  —  Post-Roads.  —  Roman  Custom.  —  Mail  Lines.  — 
Competition.  —  Internal  Improvement  Policy. 

WE  glide  from  power  to  power,  or  business  to  business.  Con- 
gress has  the  power  : — 

"  5.  To  coin  money,  regulate  the  value  thereof  and  of  foreign  coin,  and 
fix  the  standard  of  weights  and  measures." 

The  subjects  of  this  provision  are  truly  national,  and  thus  justly 
belonging  to  Congress.  For  a  general  commercial  intercourse,  a 
certain  standard  medium  of  exchange  is  indispensable  to  represent 
property.  Mankind  have  adopted  for  this  purpose  the  most  valu- 
able metals,  gold  and  silver,  having  an  intrinsic  standard  value, 
not  affected  by  laws  or  art.  To  legalize  this  standard,  and  coin 
and  mint,  accordingly,  money,  is  the  business  of  Congress.  Con- 
sequently, Congress  has  erected  mints,  assay  offices,  etc. 

Justice  requires  uniform  laws  for  standard  weights  and  meas- 
ures, and  even  international  arrangements  for  a  mundane  unifor- 
mity in  such  things. 

That  Congress  has  not  succeeded  until  lately  to  make  the  na- 
tional legal  decimal  coinage  exclusive,  proves  that  upon  the  circu- 
lation of  money,  usage  exercises  a  more  powerful  influence  than 
laws. 

Within  these  few  words  lies  the  trust  of  the  national  monetary 
affairs.  It  is  not  fair,  from  the  side  of  the  state  governments  to 
circumvene  this  proviso  by  allowing  associations  to  fabricate 
paper  money,  which  is  actually  like  coining. 

"  6.  To  provide  for  the  punishment  of  counterfeiting  the  securities  and 
current  coin  of  the  United  States." 


60  THE   NATIONAL   GOVERNMENT. 

This  grant  is  a  sequel  to  the  preceding.  The  crime  of  counter- 
feiting is  declared  a  felony,  punishable  by  imprisonment,  fine,  etc. 

"  7.  To  establish  post-offices  and  post-roads." 

This  proviso  has  givren  cause  to  many  disputes.  The  meaning 
of  the  constitution  obviously  is  to  give  Congress  the  right  to  es- 
tablish post  or  mail  lines,  as  we  should  express  it  at  present.  That 
for  this  purpose  offices  and  officers  are  necessary,  is  a  matter  of 
course.  There  are  roads  wherever  a  mail  line  is  needed,  so  that 
Congress  is  saved  the  trouble  of  building  one.  But  this  never 
was  the  meaning  of  the  framers  of  the  constitution,  which  is  here 
worded  in  the  old  European  law  language.  The  Romans  built 
roads  for  government  use,  with  posts  or  relays,  straight  through 
the  provinces,  without  regard  to  the  communication,  commerce, 
and  correspondence.  Our  post  business  is  no  such  thing,  but  a 
mere  forwarding  or  express-line  business,  and  properly  speaking, 
no  political  business  at  all.  It  belongs,  at  present,  naturally  to 
those  who  form  express  and  railroad  lines.  No  government  is 
instituted  for  the  forwarding  or  express  business,  or  the  diffusion 
of  knowledge,  or  the  facilitating  of  social  intercourse ;  free  men 
do  not  require  such  things  from  their  governments.  Europe  inheri- 
ted such  institutions  from  the  Romans,  and  the  governments  found 
it  to  their  interests,  to  make  the  forwarding  of  the  letters  of  their 
subjects  a  source  of  revenue,  and,  at  the  same  time,  keep  the  con- 
tents of  the  correspondence  under  secret  and  open  surveillance. 
It  is  managed  thus  by  the  English  government,  was  transplanted 
to  the  colonies,  and  left  with  the  Congress,  to  keep  it  there  con- 
solidated. Congress  saw  fit  also  to  forbid  private  competition, 
which  stamps  the  business  as  a  monopoly.  Upon  such  nonpoliti- 
cal  business  time  exercises  a  paramount  influence. 

The  forwarding  of  correspondence  by  mail  or  telegraph  should 
be  open  to  competition,  and  consequently  to  constant  improvement. 
There  is  an  invention  spoken  of  to  transport  letters  in  tubes,  by 
the  pressure  of  air.  If  practicable,  Congress  will  feel  the  injus- 
tice of  monopolizing  the  letter-forwarding.  By  taking  the  words 
"establishing  postroads"  in  the  obsolete  European  or  Roman  sense 
of  the  business,  the  idea  has  sprung  up  that  Congress  has  a  right 
or  is  bound  by  the  constitution  to  construct  roads  and  improve 
rivers,  generally  called  internal  improvements,  for  the  transporta- 
tion of  the  mail ;  and  has  given  cause  to  party  disputes,  and  vetoed 


PATENTS.  61 

laws.  It  has  happened  that  the  presidents  generally  were  against 
this  internal  improvement  policy,  and  Congress,  the  house  of 
representatives  especially,  in  favor  of  it.  Viewing  the  matter  in 
the  light  of  the  present  age,  Congress  has  the  right  to  establish 
post  or  mail  lines,  with  offices  and  officers,  without  forbidding  free 
competition,  and  designate  the  roads  over  which  these  lines  shall 
pass.  If  Congress  were  authorized  to  build  roads,  the  word  build 
or  construct  would  have  been  used  instead  of  "  establish." 


LETTER   XI. 

Sciences  and  Useful  Arts.  —  Copyright.  —  Patents.  —  Progress  of  Science.  — 
Ripening  of  the  Understanding.  —  Locke.  —  Smithson.  —  His  Legacy 
And  American.  —  Political  Patronage  of  Arts  and  Sciences  in  Europe. — 
Goethe.  —  Fourierism. 

WE  come  now  to  fresh  fields  and  pastures,  the  sciences  and 
arts,  and  shall  immediately  see  what  the  noble  frarners  of  the 
constitution  thought  of  them.  The  law  gives  Congress  on  this 
point  the  power:  — 

"  8.  To  promote  the  progress  of  science  and  the  useful  arts,  by  securing 
for  limited  times  to  authors  and  inventors  the  exclusive  right  to  their  respect- 
ive writings  and  discoveries." 

Is  this  all  ?  you  will  perhaps  ask.  Could  they  not  say  a  word 
or  two  of  national  education,  national  universities,  national  agri- 
cultural bureaus  or  colleges,  national  scholarships  ?  No,  my  dear 
children;  they  preferred  not  to  say  a  single  word  about  these 
things,  because  they  could  not  afford  to  consider  them  as  national 
political  affairs,  for  which  alone  they  had  the  power  to  make  a 
constitution.  But  eminently  wise  men  as  they  were,  they  took 
good  care  for  justice  in  regard  to  the  products  of  arts  and  sciences 
and  the  property  rights  of  their  authors  in  the  Union.  They  had 
at  this  time  made  a  great  step  forward.  There  are  still  govern- 
ments which  leave  those  rights  but  little  protected. 

The  consequence  of  this  clause  are  the  patent-office  and  copy- 
right laws.  The  wisdom  of  controlling  this  business  in  Congress 
is  obvious.  Authors,  artists,  and  inventors  divulge  their  works, 


62  THE  NATIONAL  GOVERNMENT. 

not  with  the  intention  to  lose  by  it,  but  for  their  and  others'  benefit. 
But  the  act  of  publication  would  be  mere  loss  if  the  law  would 
not  secure  their  property  rights.  This  instance  is  again  a  proof 
of  the  immense  value  of  our  Union  for  the  welfare  of  individuals 
and  society  at  large.  You  have  seen  that  by  certain  grants  to 
Congress  the  liberty  of  commerce  has  been  secured  in  the  Union, 
binding  to  it  the  numerous  trading  classes.  You  meet  here  a 
grant  which  links  the  literary,  arjistic,  and  mechanical  public  to 
the  confederation.  This  policy  benefits  directly  and  indirectly  the 
agricultural  class.  Who  and  what  are  then  the  men,  my  dear 
children,  who  can  dare  to  speak,  nay,  to  think  of  the  dissolution 
of  this  Union !  Can  it  be  men  who  ever  read  this  constitution,  01 
witnessed  its  working  ?  A  government  has,  strictly  speaking,  no 
force  to  effectually  promote  the  real  progress  of  science  and  arts, 
however  ample  the  financial  resources  should  be  at  its  disposal ; 
because  this  progress  is  dependent  upon  circumstances  over  which 
men  have  very  little  control.  The  real  progress  of  science  is  the 
ripening  of  the  understanding.  This  is  a  work  of  exceedingly 
slow  advancement,  as  Locke  has  already  observed.  Useful  occu- 
pation, early  industrial  habits,  study,  that  is,  select  reading,  good 
domestic  example,  improve  the  understanding  more  than  doctrines, 
theories,  novels,  etc.  Political  officers,  who  are  too  often  mere 
instruments  of  party,  can  do  here  nothing  that  society  may  not 
do  as  well  and  better ;  because  arts  and  sciences  belong  to  free 
social  business,  and  not  to  political.  To  tax  one  for  the  purpose 
of  raising  the  school-money  for  another  would  be  unjust,  it  being 
beside  doubtful  whether  such  a  support  is  indeed  for  his  benefit 
and  that  of  society  or  not.  Education  is  a  part  of  the  destiny  of 
man.  We  must  not  organize  destiny.  The  more  liberty  and 
variety  in  education  the  better.  Circumscribed  schooling  and  in- 
struction does  not  make  better  men.  I  wish  not  to  be  taxed  for  the 
schooling  of  a  Robespierre,  or  to  raise  a  fund  for  speculators. 

The  Englishman  Smithson  did  not  understand  our  constitution  ; 
otherwise  he  would  not  have  bestowed  upon  Congress  a  legacy 
for  the  diffusion  of  knowledge ;  because  Congress  has  nothing  to 
do  with  such  business.  He,  of  course,  a  European,  was  not 
aware  that  we  commit  the  care  of  that  to  writers,  editors,  pub- 
lishers, preachers,  lecturers,  speakers,  liberal  wealthy  men,  ama- 
teurs of  arts  and  sciences,  associations,  or,  if  you  please,  to  every- 


COPYRIGHTS.  63 

body,  nurses  and  mothers  included.  Congress  would  have  acted 
upon  truly  American  principles  in  declining  this  curious  stipend, 
which  is  but  a  national  bore.  It  is  impossible  that  even  our 
governments,  constantly  coming  fresh  from  the  people  as  they  are, 
can  keep  pace  with  our  free  society  in  such  things. 

Our  press  is  absolutely  free ;  not  so  in  Europe.  It  divulges 
events,  discoveries,  ideas,  and  projects,  with  a  rapidity  so  great 
that  stable  formal  governments  in  a  race  with  it  will  always  be 
behind  time.  To  bring  schools  and  sciences  in  contact  with  party 
is  most  objectionable.  Still,  all  this  is  entirely  different  in  Europe, 
which  we  are  too  prone  to  imitate  in  such  things.  The  political 
patronage  bestowed  there  upon  sciences  and  arts  is  a  part  of  that 
general  favorite  and  pension  policy  peculiar  to  all  monarchies, 
which  is  calculated  to  make  the  talent  loyal  and  submissive.  If  it 
dares  to  be  independent  it  is  suspected,  neglected,  and  even  per- 
secuted. Beside,  my  dear  children,  sciences  and  arts  serve  satan 
as  much  as  God ;  bogus  as  much  as  truth  ;  error  and  superstition 
as  much  as  reason.  Goethe,  a  highly  gifted  and  prolific  writer, 
as  you  know,  says  pertly,  "  Books  are  written  to  show  our  errors." 
My  letters  may  also  contain  some  :  try  to  find  them  out.  In  what 
light  do  then  appear  books  or  sciences  and  arts  originating  with 
governments  ?  to  show  their  errors  ?  Do  we  organize  govern- 
ments for  this  purpose  ? 

This  provision  of  our  constitution  is  required  by  justice,  and  is 
sufficient  for  all  practical  purposes. 

All  publications  at  public  expense,  emanating  from  the  patent- 
office,  etc.,  are  simply  unconstitutional  and  exceedingly  unamer- 
ican.  You  will  excuse  this  word.  But  our  society  is  unique ; 
something  per  se ;  and  chiefly  in  consequence  of  our  excellent 
constitution,  which  expressly  starts  from  the  principle  that  the 
government  shall  not  interfere  with  the  social  affairs,  but  only  take 
good  care  for  their  protection ;  and  never  intended  that  Congress 
should  become  a  book-publishing  concern,  or  look  out  for  teaching 
languages,  for  arts,  seeds,  pruning,  gardening,  fishing,  camels,  etc. 
The  question  what  is  useful  and  necessary  in  regard  to  sciences 
and  arts,  belongs  to  society  to  decide.  She  will  judge  fairly 
according  to  time,  circumstances,  and  the  laws  of  nature.  For 
this  very  purpose  we  want  to  be  free,  in  order  that  talent  and  its 
world-ruling  influence  may  not  be  crippled  nor  led  astray  by  the 


64  THE   NATIONAL  GOVERNMENT. 

force  or  patronage  of  governments.  "  People  in  the  United  States 
are  willing  to  bow  to  the  sway  of  mind.  We  have  done  with  the 
remnants  of  by-gone  times,  when  bodily  strength  or  military 
prowess  and  skill  conferred  wealth,  distinction,  and  worldly  great- 
ness, and  was  rewarded  by  privileges,  caste,  primogeniture,  no- 
bility, crowns,"  etc.  But  the  influence  of  mind  must  not  be  hostile 
to  order  and  established  justice.  Under  our  federal  constitution 
are  widely  opened  all  facilities  for  the  expansion  of  the  mind,  the 
availability  of  talent,  and  the  culture  of  sciences  and  arts.  These 
flourish  best  when  not  stimulated  or  subsidized  by  governments. 
Those  which  can  not  grow  upon  the  broad  field  of  liberty  and 
under  the  protective  shelter  of  a  constitution  like  ours,  are  useless 
for  society,  although  they  may  find  a  place  among  imported  exot- 
ics in  the  luxurious  conservatories  of  the  rich,  who  can  pay  for 
them. 

In  every  respect  the  federal  constitution  has  been  framed  to 
make  her  time-proof,  and  therefore  she  keeps  wisely  clear  of 
scientific  ideals,  speculations,  Parisian  fraternity,  socialism,  Fou- 
rierism  (by-the-by  a  very  old  ism),  and  all  similar  schemes. 

We  have  to  guard  her  like  a  jewel  against  the  rough  hands  ot 
tampering,  wicked  politicians.. 

But  let  me  stop,  that  you  may  not  feel  alarmed  about  the  length 
of  my  letters. 


LETTER    XII. 

Inferior  Courts.  —  United  States  District  Courts.  —  Piracies.  —  Felonies. — 
Law  of  Nations.  —  Ocean  Police. — Branches  of  the  Ocean.  —  English 
Law  curiosity.  —  War.  —  Letters  of  Marque  and  Reprisal.  —  Captures  on 
Land  and  Water. — Justice  the  end  of  Wars.  —  Court  of  Nations. — Ju- 
risdiction of  Congress.  —  War  defensive  or  aggressive.  —  Property  of  Neu- 
trals. 

WE  lapse  again  for  a  little  while  into  lawyer  business.     The 
constitution  requires  of  Congress  : — 

"  9.  To  constitute  tribunals  inferior  to  the  supreme  court." 
This  is  a  necessary  proviso ;  for  the  good  administration  of  just- 
ice requires  a  judicious  distribution  of  the  judicial  business  among 


INFERIOR   TRIBUNALS,   PIRACY,   AND  WAR.  65 

graduated  courts  of  law,  for  which  purpose  certain  judicial  dis- 
tricts are  set  up,  to  limit  the  jurisdiction  of  the  courts.  Hence 
we  have  United  States  circuit  and  district  courts. 

"10.  To  define  and  punish  piracies  and  felonies  committed  on  the  high 
seas,  and  offences  against  the  law  of  nations." 

To  the  Congress  belongs  the  jurisdiction  over  the  vessels  ami 
the  citizens  of  the  Union  upon  the  oceans  and  high  seas,  just  as 
other  governments  exercise  the  same  right,  in  regard  to  the  ves- 
sels of  their  subjects,  because  the  oceans  are  common  for  all, 
and  therefore,  the  Congress  has  to  enact  all  criminal,  police,  and 
other  laws,  concerning  the  ocean  navigation,  and  crimes  com- 
mitted thereon.  The  oceans  terminate  where  the  creeks  and  inlets 
begin,  included,  within  any  county.  Branches  of  the  ocean,  as 
the  Long  Island  sound  or  East  river,  are  under  the  jurisdiction  of 
Congress,  which  is  important  in  regard  to  ferries,  buoys,  lighthous- 
es, fortifications,  quarantines,  harbor-line  regulations,  business  be- 
longing constitutionally  to  Congress.  As  our  Congress,  in  the 
spirit  of  the  constitution,  has  always  been  careful  not  to  interfere 
with  the  jurisdiction  and  the  business  of  the  state  governments,  it 
has  not  made  use  of  this  grant  in  regard  to  offences  committed  on 
board  merchant  ships,  lying  in  the. waters  of  the  United  States, 
leaving  the  cognizance  of  such  cases  to  the  state  officials.  I  here 
make  you  acquainted  with  an  English  law  curiosity.  The  com- 
mon law  courts  and  the  admiralty  hold  their  concurrent  and  alter- 
nate jurisdiction  where  the  tide  ebbs  and  flows ;  one  upon  the 
water  when  it  is  full  sea,  the  other  (common  law)  upon  the  land 
when  it  is  ebb.  He  who  will  commit  a  felony,  and  prefer  common 
law  justice  must  wait  until  the  water  ebbs. 

You  will  excuse  me  if  I  am  not  able  to  tell  you  exactly  what 
means  the  phrase,  law  of  nations,  for  there  is  no  such  thing.  Still 
certain  usages,  recognised  from  time  to  time  by  governments  of  dif- 
ferent nations  as  rules,  have  received  this  name. 

"11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make  rules 
concerning  captures  on  land  and  water." 

If  all  governments  would  consider  the  realization  of  justice  their 
principal  aim,  there  would  be  an  end  to  all  war.  But  not  a  single 
government,  even  ours  not  entirely  excepted,  has  up  to  this  time 
acted  upon  this  principle.  Thus  we  must  be  prepared  for  war,  in 
order  to  realize  justice  by  the  force  of  arms,  if  reason  does  not 


66  THE  NATIONAL  GOVERNMENT. 

prevail  in  the  national  councils.  The  friends  of  peace  have  pro- 
posed a  court  of  nations,  similar  to  our  United  States  supreme 
court,  in  regard  to  the  differences  among  nations  ;  but  governments, 
which  consider  their  business  a  property  right,  which  they  may 
improve  by  conquest,  never  will  submit  their  difficulties  to  such  a 
court,  nor  obey  its  decisions,  even  if  they  could  be  enforced.  The 
decisions  of  our  supreme  court  can  be  enforced  by  the  army  and 
navy  of  the  United  States. 

War  may  be  either  one  of  redress  and  punishment,  or  of  self- 
defence.  We  can  never  have  a  war  of  conquest  as  long  as  we 
obey  our  constitution.  By  means  of  letters  of  marque,  merchant- 
vessels  are  transmitted  into  men-of-war,  to  increase  our  naval  force. 
Of  course,  all  war  business  is,  or  ought  to  be,  a  part  of  the  reali- 
zation of  justice  on  a  large  or  national  scale. 

On  the  subject  of  privateering  or  cruisers  bears  the  question 
whether  private  property  of  neutrals  and  others  on  the  sea  shall 
be  free  or  subject  to  be  captured  or  plundered  by  privateers  or 
men-of-war.  Our  government  has  insisted  upon  it  that  it  shall  be 
free.  But  the  English  government  has,  up  to  this  time,  not  con- 
sented to  it.  We  can  not. give  up  the  right  of  fitting  out  private 
vessels  as  men-of-war  in  time  of  war,  but  neither  such  vessels  nor 
regular  vessels  of  the  navy  should  be  made  use  of  for  the  plunder- 
ing of  private  property,  as  little  as  armies  should  be  thus  used  on 
land,  or,  in  other  words,  governments  should  stop  fighting.  If 
they  will  not  cease  warring,  then  private  property  on  sea  or  land 
will  bear  the  brunt,  because  it  is  impossible  to  prevent  this  by 
treaties. 


ARMIES.  67 


LETTER    XIII. 

Armies.  —  Appropriation  of  Money  for  them  Biennial.  —  The  United  States 
disliked  by  Monarchs. — Necessity  of  Protection. — Navy. — Not  exactly 
needed  for  the  Protection  of  Commerce.  —  The  Hanse  Towns  without  a 
Navy. — Land  and  Naval  Forces.  —  Militia.  —  Crimean  War.  —  Serf  Sol- 
diers. —  Discipline.  —  Training  of  the  Militia.  —  EquaV  confidence  in  Con- 
gress as  in  State  Governments.  —  Christian  brotherly  Love.  — Priests. 

CONGRESS  is  further  authorized  : — 

"  12.  To  raise  and  support  armies  ;  but  no  appropriation  of  money  to  that 
use  shall  be  for  a  longer  term  than  two  years ." 

The  first  part  of  this  clause,  compared  with  the  following  pro- 
viso concerning  the  navy,  plainly  shows  that  the  framers  of  the 
constitution  were  not  in  favor  of  a  standing  army,  the  main  prop 
of  despotism  and  governments  by  inheritance.  Congress  shall,  in 
case  of  war,  raise  and  support  armies,  as  many  as  are  needed,  while 
in  the  thirteenth  clause  the  grant  is  to  provide  and  maintain  a 
navy  without  regard  to  war  or  time.  "An  army  requires  arms  and 
other  materials,  drill,  and  systematic  organizations.  Hence  a  war 
department,  secretary  of  war,  arsenals,  and  a  number  of  offices  and 
officers.  Our  government  is,  on  account  of  its  form,  disliked  by 
the  property  or  grace-of-God  governments,  and,  if  not  managed 
with  exceeding  prudence  easily  exposed  to  diplomatic  intrigues  and 
troubles,  in  spite  of  all  assurances  of  friendship,  treaties  of  peace 
to  the  contrary.  Our  polity  naturally  isolates  us.  This  state  of 
things  requires  due  vigilance  about  our  common  defence.  Con- 
gress has  seen  fit,  from  the  beginning  of  its  existence,  to  keep  a 
small  standing  army,  in  virtue  of  this  clause,  for  the  protection  of 
our  coasts,  forts,  and  boundaries,  which  may  serve  as  a  nucleus  for 
the  formation  of  armies  in  case  of  war.  With  this  view  the  mili- 
tary academy  at  West  Point  has  been  established.  Railroads, 
telegraphs,  steam  navigation,  in  one  word,  progressive  Time  may, 
however,  produce  frequent  changes  in  such  measures.  A  free 
people  must  be  trained  for  self-defence.  Military  appropriations 
shall  be  biennial  to  keep  them  under  the  strict  control  of  each 


68  THE   NATIONAL   GOVERNMENT. 

congressional  session.  Such  appropriations  must  be  unconditional, 
in  order  to  avoid  clogging  in  the  public  service. 

"  13.  To  provide  and  maintain  a  navy." 

The  war  of  the  revolution  ushered  our  navy  into  existence. 
The  exercise  of  the  police  over  the  oceans  and  the  before-men- 
tioned jealousy  of  foreign  governments  seems  to  require  one.  It 
is  not  so  much  needed  for  the  protection  of  commerce  as  is  proved 
by  the  merchant  fleet  of  the  German  Hanse  Towns  which  carries 
the  largest  amount  of  tonnage  after  that  of  ourselves  and  Great 
Britain,  without  the  protection  of  a  single  man-of-war.  A  navy 
must  be  provided  for  in  time ;  and  this  is  the  cause  of  a  separate 
department,  with  a  secretary  of  the  navy  at  the  head  of  the  navy 
yards,  and  a  large  number  of  offices  and  officers.  A  naval  acad- 
emy is  connected  with  it. 

"  14.  To  make  rules  for  the  government  and  regulation  of  the  land  and 
naval  force." 

This  is  a  consequence  of  the  preceding  grants.  As  a  general 
thing  the  English  regulations  have  had  much  influence  over  this 
branch  of  the  national  business.  Our  public  ships  in  our  own 
waters,  and  wherever  they  sail,  are  under  the  jurisdiction  of  Con- 
gress. Justice,  as  good  as  mortals  can  have  it,  would  save  us 
from  all  war  which  plunge  society  in  debt.  Saltpetre  would  cease 
to  be  villainous.  More  justice  and  less  villainy  will  do. 

"15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the 
Union,  suppress  insurrections,  and  repel  invasions." 

The  militia,  you  see,  is  not  such  an  insignificant  institution  as 
it  appears  to  be,  when  mustered.  It  is  the  real  strong  arm  of  the 
government,  and  wisely  placed  at  the  disposition  of  the  central 
government,  when  needed  for  the  common  defence  and  to  insure 
domestic  tranquillity. 

All  citizens  within  a  certain  age  are  by  duty,  their  own  interest, 
and  law,  obliged  to  fill  the  ranks  of  the  militia.  American  moth- 
ers must  be  resigned  to  see  their  husbands  and  sons  rally  under  the 
national  standard.  They  expect  their  homes  to  be  protected  by 
them.  It  is  their  duty  to  nourish  patriotic  feelings  and  to  share 
the  burdens  of  war.  A  patriotic  militia,  thus  supported,  at  home, 
is  invincible.  The  war  in  the  Crimea  has  shown  the  difference 
between  free  soldiers  and  serf  soldiers.  The  abolition  of  Russian 
serfdom  may  have  something  to  do  with  the  improvement  of  the 


MILITIA.  69 

army.  A  call  of  the  president  of  the  United  States  to  arm  for  the 
common  defence,  will  be  answered  by  millions  of  brave  men  and 
stout  hearts.  There  are  no  better  teachers  of  patriotism,  honor, 
and  gallantry,  than  good  mothers.  You  may  learn  this  from  ..the 
biography  of  Washington. 

"16.  To  provide  for  organizing,  arming,  and  disciplining  the  militia,  and 
for  governing  such  part  of  them  as  may  be  employed  in  the  service  of  the 
United  States,  reserving  to  the  states  respectively  the  appointment  of  the 
officers,  and  the  authority  of  training  the  militia  according  to  the  discipline 
prescribed  by  Congress." 

This  is  the  last  of  the  six  provisoes  in  regard  to  the  common  de- 
fence. The  jurisdiction  of  Congress  over  the  militia  begins  when 
it  is  mustered  at  the  place  of  rendezvous.  All  expenses  are  borne 
by  the  national  treasury  for  the  militia  called  forth  by  Congress. 
The  commander-in-chief  has  to  decide  all  minor  differences  in  re- 
gard to  service.  It  is  desirable  that  all  state  officials  and  citizens 
in  general  should  cheerfully  assist  Congress  when  executing  those 
grants,  to  ensure  prompt  results  in  case  of  common  danger. 

Congress  is  composed  of  the  same  material  as  state  govern- 
ments. Presumptively,  as  much  wisdom,  patriotism,  and  expe- 
rience rule  there  as  in  state  governments,  or  counties  and  towns. 
There  is  not  a  single  reason  why  we  should  harrass  our  Congress 
with  such  mistrust  or  jealousy  as  European  subjects  treat  their 
rulers,  and  by  the  grace  of  God  princes.  Still  it  has  often  been 
the  case,  and  has  even  given  rise  to  considerable  party  trouble. 

The  main  object  of  the  constitution  placing  the  national  busi- 
ness in  the  hands  of  Congress,  promoted  by  legal  order  or  justice, 
is  the  general  welfare  and  prompt  concentrated  action  when  cir- 
cumstances demand.  Before  thirty  odd  states,  loosely  bound  like 
the  old  Dutch  provinces,  decide  one  single  measure,  Congress,  as 
it  is  installed  at  present,  can  have  already  executed  thousands. 
This  is  the  strength  derived  from  a  judicious  organization  and 
location  of  the  public  affairs. 

The  bellicose  propensities  are  easily  excited  in  free  men.  The 
aim  of  Jesus  was  to  supplant  them  by  brotherly  love  and  charity. 
Follow  his  precepts  more  than  those  of  his  priests,  who  too  often 
forget  that  by  prudence,  forbearing,  and  a  strong  sense  of  justice, 
we,  in  our  times,  may  easily  avoid  all  resorts  to  arms. 


TO  THE   NATIONAL   GOVERNMENT. 


LETTER   XIV. 

District  of  Columbia.  —  Exclusive  Legislation  over  it  and  Forts,  Magazines, 
Arsenals,  Dock-yards. — Paris.  —  German  Diet  in  a  Free  City.  —  Legis- 
lative Powers  concerning  all  National  Business.  —  Sophists  and  Cavillers. 

WE  come  now  to  the  clause  which  creates  a  curious  little,  but 
very  wisely-devised  empire. 

In  accordance  with  it  Congress  has — 

"17.  To  exercise  exclusive  legislation  in  all  cases  whatsoever  over  such 
district  (not  exceeding  ten  miles  square),  as  may  by  cession  of  particular 
states  and  the  acceptance  of  Congress,  become  the  seat  of  the  government 
of  the  United  States  ;  and  to  exercise  like  authority  over  all  places  purchased 
by  the  consent  of  the  legislature  of  the  state,  in  which  the  same  shall  be,  for 
the  erection  of  forts,  magazines,  arsenals,  dock-yards,  and  other  needful 
buildings." 

This  is  the  origin  of  the  District  of  Columbia.  The  desirable 
independence  of  the  federal  government  from  state,  made  the 
erection  of  such  a  ten  miles  square  empire  necessary,  to  be  gov- 
erned by  Congress.  The  wisdom  of  this  proviso  is  so  obvious 
that  those  versed  in  politics  —  that  is,  the  art  of  organizing  society 
for  the  ends  of  justice,  were  astonished,  that  the  French  attempted, 
so  late  as  1848,  to  again  establish  a  national  republican  govern- 
ment in  Paris,  where,  if  not  protected  by  a  powerful  garrison,  it 
may  be  at  any  time  overthrown.  Without  such  an  arrangement 
a  state,  in  whose  limits  Congress  would  sit,  would  acquire  an  un- 
due preponderance.  Even  in  monarchical  Germany,  the  diet,  as 
is  called  the  present  show  of  a  national  Congress,  meets  in  an  in- 
dependent free  city,  from  the  same  reasons. 

The  clause  speaks  for  itself. 

Congress  is  further  empowered  — 

"  18.  To  make  all  laws  which  shall  be  necessary  and  proper  for  carrying 
into  execution  the  foregoing  powers,  and  all  other  powers  vested  by  this  con- 
stitution in  the  government  of  the  United  States,  or  in  any  department  or  of- 
fice thereof." 

By  this  provision,  Congress  has  the  power  to  put  in  motion  the 


SPECIAL  LAWS.  71 

different  wheels  of  the  government  by  acts  or  laws.  "Without  this 
power,  the  constitution  and  its  grants  would  be  inoperative. 
Where  this  organizing  has  to  stop,  may  be  sometimes  doubtful ; 
still  no  interpretation  should  obstruct  the  carrying  out  of  the  plans 
of  the  constitutional  grants.  They  are  sufficiently  specified  for 
all  practical  purposes.  Sophists  and  cavillers  must  always  be  put 
to  rest  by  the  authority  of  the  judiciary,  because  for  such  men  no 
constitution  is  conclusive.  We  have  now  examined  the  positive 
part  of  the  constitution,  specifying  the  business  which  shall  be 
done  by  Congress,  through  the  indicated  channels.  It  is  impera- 
tive for  each  to  fulfill  its  trust,  so  that  no  legislative  business  may 
be  transferred  to  the  executive  or  vice  versa. 

In  my  next  letter  we  come  to  the  negative  part,  that  is,  which 
prohibits  Congress  to  perform  certain  business.  As  simple  as 
this  seems  to  be,  yet  it  required  centuries  before  we  arrived  at 
this  result ;  and  what  is  still  more  remarkable,  that,  up  to  this 
time,  a  very  few  agree  about  what  business  is  national  or  federal, 
and  what  not.  Hence  the  great  necessity  for  every  citizen  to  in- 
vestigate this  subject  thoroughly.  Meanwhile  let  us  faithfully 
stick  to  this  constitution  and  our  Union. 


LETTER    XV. 

Interpretation  of  the  Grant.  —  Congress,  the  Agent  of  the  people,  who  re- 
main the  Proprietors.  —  Rights  of  Self-government. — National  Bank. — 
Precedents.  —  Shoemaking  in  Time  of  War.—  Expediency.  —  National 
Banks  in  England,  France,  Russia,  Austria,  Prussia.  —  Public  Debts. — 
Washington.  —  Jackson.  —  Good  Temper  in  Public  Affairs.  —  Pulpit.  — 
Ladies. 

BEFORE  we  proceed  to  the  reading  of  a  new  section,  I  will  add 
a  few  remarks  to  my  last  letter.  The  business  entrusted  to  Con- 
gress has  been  granted  or  delegated  by  the  people,  who  remain 
the  original  proprietors,  while  the  officers  act  as  their  agents. 
When  it  is  doubtful  whether  an  expedient  to  carry  such  a  granted 
business  or  power  be  proper  or  necessary  or  even  constitutional, 
those  who  have  to  remove  this  doubt  should  not  only  consult  the 
words  of  the  constitution,  but  also  the  rights  of  self-government. 


72  THE  NATIONAL  GOVERNMENT. 

There  was  a  time  when  the  federal  government  under  Washing- 
ton thought  it  necessary  to  establish  a  national  bank  for  the  regu- 
lation of  the  finances  and  collecting  the  revenues,  &c.  Some 
doubted  its  constitutionality,  while  others  believed  the  reverse  and 
supported  their  opinion  by  referring  to  the  eighteenth  clause. 
Now,  banking,  by  itself,  is  a  private  and  not  a  political  business, 
required  for  the  convenience  of  commerce,  not  for  the  realization 
of  justice ;  still  it  may  be,  that  at  certain  times,  when  the  public 
finances  are  deranged  in  consequences  of  war,  such  a  bank,  au- 
thorized by  the  national  government,  may  be  necessary  and  proper 
for  carrying  into  execution  certain  treasury  or  financial  measures, 
and  thus  far  it  would  be  entirely  constitutional.  Upon  all  such 
things  time  exercises  its  all  powerful  influence.  A  decision  in 
favor  of  such  a  bank  in  time  of  general  distress  and  paralyzation 
of  business,  however,  should  not  be  considered  as  an  imperative 
precedent  for  all  times  to  come,  and  the  government  should  part 
with  such  an  incidental  financial  auxiliary  as  soon  as  possible,  be- 
cause, as  before  mentioned,  governments  generally  have  as  little 
connection  with  banking,  as  with  farming  and  shoemaking.  But 
in  time  of  war  why  should  not  our  government  resort  to  shoemak- 
ing for  the  soldiers  too,  if  there  is  no  other  way  to  get  this  neces- 
sary clothing?  If  such  a  case  should  be  the  cause  of  party  dis- 
putes, and  the  supreme  court  decide  that  the  shoemaking  by  the 
government  be  constitutional,  would  common-sense  men  set  up 
this  decision  as  a  precedent  for  all  time  to  come,  according  to 
which  Congress  can  carry  on  shoemaking  for  ever  at  pleasure  ? 
Government  itself  is  a  mere  expedient,  and  oft-times  an  exceed- 
ingly inconvenient  necessity.  If  now,  at  a  certain  time,  people 
all- wise,  and  good,  and  honest,  should  agree  to  dispense  with  all 
government,  and  a  few  voices  should  object,  upon  the  ground  that 
government  was  a  necessity  by  precedent,  what  would  common 
sense  say  to  that  ?  Precedents  often  rest  upon  no  better  grounds 
than  fashions  or  customs.  Disputes  must,  at  a  certain  time,  come 
to  an  end.  It  can  not  be  supposed  that  the  decisions  will  then  be 
not  in  harmony  with  the  existing  facts,  circumstances,  and  laws. 
But  all  those  facts  and  circumstances  do  not  happen  exactly  a 
second  time  again.  This  is  the  cause  of  the  mutability  of  legal 
decisions  and  of  the  short  validity  of  precedents.  Peculiar  cir- 
cumstances make  a  national  bank  necessary  in  England,  France, 


INTERPRETATION.  73 

Russia,  Austria,  and  Prussia.  There  the  governments  are,  to  use 
this  expression,  living  upon  debts,  for  which  purpose  they  use  the 
financiering  help  of  subservient  banks,  endowed  for  this  purpose 
with  monopolies  and  privileges. 

Such  precedents  are,  of  course,  of  no  value  for  us.  Besides 
such  a  national  bank  with  us  would  inevitably  interfere  with 
private  banking  or  with  the  liberty  of  industry,  one  of  our  most 
precious  social  rights,  which  to  protect,  and  not  to  molest,  is  a 
chief  duty  of  government  and  the  express  aim  of  our  constitution. 

Increase  of  business  has,  of  late,  created  a  necessity  for  a  de- 
partment of  the  interior  with  a  secretary  at  its  head.  A  post- 
master-general has  been  from  the  beginning  of  the  government 
at  the  head  of  the  postoffice  department.  The  main  channels 
have  been  for  the  same  reason  subdivided,  as  the  treasury  into 
sub-treasuries.  But  the  origin  of  this  extensive  political  machin- 
ery is  in  a  few  lines  of  the  eighth  section,  whose  simplicity  and 
precision  makes  the  constitution  easily  applicable  to  time  and  cir- 
cumstances. » 

The  grant  to  raise  armies  will,  I  am  afraid,  remain  necessary 
for  all  time,  as  long  as  men  have  strong  passions  for  violence  and 
evil,  and  are  destitute  of  self-control.  Still  the  manner  of  executing 
this  grant  may,  in  a  few  years,  entirely  differ  from  that  of  our 
time.  The  less  detail  there  is  in  a  constitution  about  such  grants 
the  better.  To  cavil  about  incidental  expedients  is  gratuitous 
and  unbecoming  if  only  everything  is  fairly  and  honestly  man- 
aged. In  this  regard,  public  affairs  do  not  differ  from  private  af- 
fairs. Washington  was  as  right  in  his  time,  when  approving  a 
national  bank,  as  Jackson  was  later,  when  disapproving  it.  To 
make  party  capital  out  of  such  incidents  is  wrong. 

We  are  in  need  of  a  good  temper  in  our  political  affairs. 
Where  shall  we  get  it  when  even  the  pulpit  is  turned  into  a  party 
hot-iron  blast?  I  am  not  mistaken  when  I  claim  it  from  the 
American  women.  I  wish  they  may,  with  their  faculty  of  quick 
perception,  consider  themselves  the  social  pacificators  by  the  grace 
of  God  and  the  laws  of  nature. 

4 


74  THE   NATIONAL   GOVERNMENT. 


LETTER    XVI. 

Migration  and  Importation  of  Persons.  —  Importation  of  Slaves  declared 
Piracy.  —  Slave  Labor,  disposing  of,  in  the  States.  —  Habeas  Corpus.  — 
Rebellion.  —  Invasion.  —  Middle  Ages.  —  Rogues.  —  Charles  I.  —  Attain- 
der and  "  Ex-Post-Facto"  Bills.  —  Habeas  Pursam. 

L/ET  us  pursue  now  our  reading. 

SECTION    IX. 

"1.  The  migration  or  importation  of  such  persons  as  any  of  the  states 
now  existing  shall  think  proper  to  admit  shall  not  be  prohibited  by  the 
Congress  prior  to  the  year  one  thousand  eight  hundred  and  eight;  but  a  tax 
or  duty  may  be  imposed  on  such  importation  not  exceeding  ten  dollars  for 
each  person." 

WHEN  the  first  negative  proviso  was  written  down,  there  were 
in  all  the  states,  prior  colonies,  bound  laborers  or  slaves  kept. 
The  framers  of  the  constitution  were,  by  their  constituents,  and 
especially  the  northern  states,  induced  to  insert  into  the  constitu- 
tion that  Congress,  in  consequence  of  the  policy  over  the  oceans, 
should  not  prohibit  the  importation  of  slaves  before  1808,  in  order 
to  gain  time  to  dispose  of  their  slaves.  After  this  time,  Congress 
saw  fit  to  prohibit  the  same  under  the  penalty  of  piracy.  This 
law  is  at  present  in  force.  Within  the  several  states  Congress 
has  nothing  to  forbid  in  this  regard.  The  states  where  slaves  are 
kept  have  tolerated  the  trade  with  them.  It  is  the  only  way  to 
dispose  of  bound  labor  force,  and  make  it  useful  where  needed. 
Of  course  this  disposing  of  bound  laborers  is  an  incident  of  the 
system.  It  is  the  business  of  the  slave  states  to  make  the  needful 
regulations  in  this  regard.  In  forbidding  the  importation  of  Afri- 
cans, Congress  has  cut  the  Gordian  knot,  and  parted  at  once  witli 
all  the- matter  in  regard  to  the  foreign  slave-trade.  In  regard  to 
immigration  of  free  persons,  Congress  has  no  power  to  interfere, 
it  being  the  natural  right  of  man  to  migrate,  and  because  it  be- 
longs to  the  states  to  legislate  on  this  subject.  For  this  very  rea- 
son there  is  no  passport  system  legal  in  the  Union,  and  every  one 
is  at  liberty  to  wander  and  migrate  as  he  pleases,  also  with  his 


MIGRATION.  75 

servants,  bound  or  free.  There  are  some,  especially  the  leaders 
of  the  abolition  party,  who  maintain  that  this  clause  indirectly  em- 
powers Congress  to  forbid  slavery  in  the  territories,  which  politi- 
cally to  organize  is  its  duty,  but  this  is  obviously  a  mistake.  As 
a  general  thing,  nobody  is  naturally  a  friend  of  labor,  either  bound 
or  free.  Also  this  section,  and  others  of  the  constitution  in  con- 
nexion with  bound  labor,  are  not  partial  for  slavery.  They  but 
contain,  as  a  matter  of  course,  the  provisions  necessary  in  regard 
to  it  from  a  national  view.  The  prohibition  of  this  labor  in  the 
United  States  must  originate  with  the  states. 

"  2.  The  privilege  of  the  writ  of  '  habeas  corpus'  shall  not  be  suspended, 
unless  when,  in  cases  of  rebellion  or  invasion,  the  public  safety  may  re- 
quire it." 

This  privilege,  which  consists  in  the  right  of  any  person  to  take 
out  an  order  of  a  judge  or  court,  on  behalf  of  a  prisoner  illegally 
arrested,  to  investigate  into  its  causes  by  the  competent  authority, 
to  promote,  if  possible,  his  discharge,  was — in  the  middle  ages, 
swarming  with  barons,  earls,  counts,  dukes,  and  kings,  all  assum- 
ing, with  sword  in  hand,  lordly  or  sovereign  rights  of  government 
or  jurisdiction  over  their  vassals  or  subjects — of  more  importance 
than  now,  but  may  be  still  of  some  good  service  in  certain  in- 
stances. However,  in  consequence  of  the  change  of  circumstances 
in  favor  of  liberty,  the  great  improvement  of  the  laws  in  regard 
to  damages,  the  better  organization  of  the  courts,  the  unlimited 
publicity  with  the  help  of  the  press,  this  privilege,  as  a  general 
thing,  is  more  useful  for  the  rogues  to  slip  through  the  meshes  of 
the  law  than  for  men  really  illegally  imprisoned.  Such  is  the  in- 
fluence of  time.  The  high  praises  bestowed  now  upon  this  habeas 
corpus  right  are  rather  suspicious,  while  in  the  feudal  times  of 
Charles  First  they  were  deserved  and  in  place. 

"3.  No  bills  of  attainder  or  '  ex  post  facto'  laws  shall  be  passed." 

Such  bills  would  realize  injustice,  but  not  justice ;  for  the  first 
would  allow  a  judgment  to  pass  without  a  trial,  the  latter  would 
make  an  act  criminal  which  was  not  criminal  when  committed. 
At  present  an  attempt  to  make  such  laws  would  be  resented  by  a 
general  outburst  of  indignation.  It  is  impossible  to  carry  one 
through  the  stages  of  legislation  whether  this  clause  be  in  the  con- 
stitution or  not. 

Such  atrocities  are  past.     They  are  gone  with  the  feudal  barons 


76  THE  NATIONAL  GOVERNMENT. 

and  knights.  But  in  their  places  have  sprung  up  political  finan- 
ciers, speculators,  politicians  by  trade,  etc.,  whose  mischievous 
schemes  to  defeat  requires  the  utmost  vigilance,  and  the  creation 
of  a  new  privilege,  perhaps,  called  "  habeas  pursam,"  to  recover 
fraudulent  taxes,  etc. 


LETTER    XVII. 

Negative  Provisoes.  —  Capitation  Tax.  —  Free  Commerce  and  Navigation 
between  States. — Appropriation  Laws.  —  Title  of  Nobility.  —  Presents 
to  Officials  from  Foreign  Princes. 

.  LET  us  go  straight  through  the  negative  or  prohibitive  pro- 
visoes now. 

"  4.  No  capitation  or  other  direct  tax  shall  be  laid  unless  in  proportion  to 
the  census  or  enumeration  herein  before  directed  to  be  taken." 

A  similar  provision  is  contained  in  the  second  section  of  the 
first  article.  It  is  but  just. 

"  5.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  state." 
Export  duties  are  generally  unjust.     Such  a  tax  would  neutral- 
ize a  main  object  of  our  Union,  liberty  of  commerce,  and  would 
never  be  submitted  to  by  our  people  after  they  have  tasted  so  long 
the  sweet  blessings  of  liberty  in  this  respect. 

"6.  No  preference  shall  be  given  by  any  regulation  of  commerce  or  reve- 
nue to  the  ports  of  one  state  over  those  of  another  ;  nor  shall  vessels  bound 
to,  or  from  one  state,  be  obliged  to  enter,  clear,  or  pay  duties  in  another." 

This  is  all  in  harmony  with  a  "  perfect  union"  and  the  liberty 
of  industry,  whose  promotion  the  framers  of  the  constitution  had 
especially  in  view,  in  contrast  with  Europe,  where  the  reverse 
order  of  things  prevailed  at  the  time  when  the  colonies  freed 
themselves. 

"7.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of  ap- 
propriations made  by  law ;  and  a  regular  statement  and  amount  of  the  re- 
ceipts and  expenditures  of  all  public  money  shall  be  published  from  time  to 
time." 

This  is  an  important  proviso.  If  the  appropriations  are  made 
only  for  the  necessary  national  political  business,  with  due  regard 
to  economy,  no  government  can  be  cheaper  than  ours.  But  this 


NOBILITY.  77 

is  actually  not  the  case.  The  officials  in  republics  are  responsi- 
ble to  the  people,  and  under  an  array  of  checks,  which,  by  them- 
selves, are  well  enough.  Still,  when  the  checks  of  all  checks, 
honesty,  is  wanting,  corruption  will  easier  creep  in  than  in  mon- 
archies, where  the  personal  interests  of  the  monarch  and  the  se- 
curity of  his  dynasty  make  it  imperative  to  him  to  control  the 
finances  strictly.  It  is  the  general  opinion  at  present,  that  our 
public  affairs  in  Congress,  states,  and  their  subdivisions,  are  man- 
aged too  expensively  or  not  honestly.  If  true,  it  is  not  owing  to 
the  constitution. 

"  8.  No  title  of  nobility  shall  be  granted  by  the  United  States  :  and  no 
person  holding  any  office  of  profit  or  trust  under  them  shall,  without  the  con- 
sent of  the  Congress,  accept  of  any  present,  emolument,  office,  or  title  of  any 
kind  whatever,  from  any  king,  prince,  or  foreign  state." 

This  whole  section  is  truly  American,  and  entirely  anti-Euro- 
pean. But  it  is  so  just,  time  has  sanctioned  and  approved  those 
provisions  it  contains  so  universally — their  aim  and  principles 
are  so  well  appreciated  by  mankind — that  even  strong  monarchi- 
cal governments  are  forced  by  public  opinion  to  respect  them. 
Still,  monarchs  and  their  courts  can  not  well  exist  without  titles  of 
nobility,  badges,  orders,  and  the  like.  The  reacting  effect  of  our 
simple  free  institutions  would  be  more  powerful,  even  in  this  re- 
gard, if  our  public  affairs  were  managed  with  more  Washington- 
ian  honesty  and  dignity.  To  promote  both,  high  salaries  are  far 
less  commendable  than  integrity,  and  a  strict  vigilance  of  the 
people  in  regard  to  the  business  in  public  trust,  Self-governing 
people  must  above  all  try  to  do  themselves  what  they  conveniently 
can.  If  our  government  is,  indeed,  a  mere  hazardous  experiment 
as  some,  especially  Europeans,  say,  it  is  time  to  undeceive  them. 


78  THE  NATIONAL  GOVERNMENT. 


LETTER  XVIII. 

Checks  upon  State  Legislation  in  regard  to  Treaties.  —  Alliance.  —  Money 
of  Metal  and  Paper.  —  Attainder.  —  Ex-post-facto  Laws.  —  Contracts. — 
Nobility.  —  English  Banking.  —  State  Banks.  —  Merchants  make  their  own 
Paper  Money.  —  Clearinghouses.  — Political  Defaulters. —  Homes,  where 
best. 

WE  come  now  to  a  section  containing  checks  upon  the  state 
governments,  to  prevent  them  from  meddling  with  political  busi- 
ness not  belonging  to  their  sphere.  You  will  readily  appreciate 
the  propriety  of  it. 

SECTION  x. 

"  1.  No  state  shall  enter  into  any  treaty,  alliance,  or  confederation,  grant 
letters  of  marque  and  reprisal,  coin  money,  emit  bills  of  credit,  make  anything 
but  gold  and  silver  coin  a  tender  in  payment  of  debts,  pass  any  bill  of 
attainder,  ex-post-facto  law,  or  law  impairing  the  obligation  of  conti-acts,  or 
grant  any  title  of  nobility." 

The  objects  mentioned  here  are  either  reserved  for  Congress 
(as  treaties,  coining  of  money,  etc.),  or  are  generally  unjust  and 
inadmissible  in  a  society  politically  well  organized.  The  prohi- 
bition of  state  bills  of  credit,  or  state  paper-money,  redeemable  at 
a  future  day  by  the  states,  is  necessary  to  prevent  the  embarrass- 
ment of  the  national  finances  and  general  circulation.  At  the 
time  of  writing  the  constitution  there  existed  a  flood  of  such 
depreciated  state  paper-money,  causing  much  inconvenience  in 
commerce,  and  ruin.  Some  say  that  bank  paper-money  put  into 
circulation  upon  state  authority  is  also  prohibited  by  this  clause. 
It  will  most  certainly  cause  the  same  disastrous  effects  of  state  bills 
of  credit,  if  irredeemable  and  not  readily  convertible  into  gold  and 
silver.  Those  in  favor  of  the  English  banking  system  succeeded 
under  the  plea  that  the  people  like  paper  money  and  are  in  need 
of  it,  in  maintaining  it  thus  far.  The  state  bank  system  has  been 
made  a  party  issue.  What  influence  it  has  upon  the  solidity  of 
commerce,  foreign  importations,  the  prices  of  all  things,  the  home 
industry,  the  circulation  of  coined  money,  mercantile  crisis,  and 


NEGATIVE  PROVISOES.  79 

the  national  finances  in  general,  is  not  easy  to  ascertain.  Congress 
has  not,  as  yet,  interfered  with  the  bank  paper-money  circulated 
on  state  authority.  If  it  should,  then  the  matter  will  be  thoroughly 
sifted. 

So  much  is  true,  that  merchants,  as  a  class,  are  not  in  need  of 
bank  paper-money;  because  they  everywhere  make  their  own 
paper  money,  called  drafts,  notes,  checks.  According  to  the  sta- 
tistics of  clearinghouses  and  bankers,  mercantile  business  amount- 
ing to  fifteen  millions  is  settled  or  balanced  with  the  help  of  about 
one  million  of  specie  money.  The  best  and  most  solid  bankers 
and  banks  decline  to  have  anything  to  do  with  emitting  paper 
money. 

Laws  impairing  the  validity  of  contracts  are  the  acme  of  in- 
justice. States  or  their  courts  have  to  enforce  contracts,  if  needful, 
but  not  to  help  break  them.  On  this  account  states  should  never 
be  defaulters.  We  have,  alas  !  good  grounds  for  complaint  against 
several  of  our  state  governments  for  such  faithless,  dishonest  con- 
duct. Swindling  corporations  and  associations  follow  in  their 
wake.  By  it  they  undermine  public  morals,  impair  the  state 
authority,  encourage  fraud,  and  promote  injustice  and  general 
embarrassments.  Women  should  consider  well  before  consenting 
to  a  home  in  a  state  or  city  which  has  been  a  defaulter. 


LETTER  XIX. 

Honesty.  —  Checks  upon  State  Legislation  in  regard  to  Imports,  Duties, 
Exports  (under  control  of  Congress),  Tonnage,  Soldiers,  Navy,  Treaties, 
War.  —  German  National  Congress  at  Frankfort.  —  Greek  Confedera- 
tions.— United  States  and  States  separate  Business  Concerns.  —  Wicked 
Men.  —  Well-informed  Women. 

HONESTY  is  the  best  policy  also  for  states.  Let  us  see  what  is 
further  forbidden-ground  for  the  states. 

"  2.  No  state  shall,  without  the  consent  of  the  Congress,  lay  imposts  or 
duties  on  imports  or  exports,  except  what  may  be  absolutely  necessary  for 
executing  its  inspection  laws  ;  and  the  net  produce  of  all  duties  and  imports 
laid  by  any  state  on  imports  and  exports,  shall  be  for  the  use  of  the  treasury 
of  the  United  States  ;  and  all  such  laws  shall  be  subject  to  the  revision  and 
control  of  the  Congress." 


80  THE   NATIONAL   GOVERNMENT. 

The  restrictions  laid  upon  the  state  governments  in  this  clause 
are  necessary  consequences  of  the  Union  and  the  establishment 
of  a  national  government,  and  are  required  for  the  protection  of 
the  liberty  of  industry.  The  different  agents  of  our  public  affairs 
should  scrupulously  avoid  any  violation  of  their  trusts  or  powers. 
Thus  only  will  they  command  the  respect  of  the  citizens ;  because 
these  submit  themselves  cheerfully  to  the  laws,  and  respect  obe- 
diently the  public  authorities,  if  they  are  executing  the  laws  faith- 
fully and  honestly.  It  is  plain  that  there  can  be  only  one  sort  of 
imposts  or  customs ;  otherwise  the  same  article  might  be  taxed  by 
each  state,  and  its  whole  value  soon  absorbed  by  taxation.  Some- 
thing like  this  has  existed  in  European  countries,  and  may  still 
take  place  under  the  name  of  excise,  octroi,  etc.  Our  state 
governments  are  thus  forced  to  resort  to  direct  taxation,  which,  in 
its  turn,  obliges  them  to  be  economical,  if  they  are  not  allowed  to 
borrow  money. 

"  3.  No  state  shall,  without  the  consent  of  Congress,  lay  any  duty  of  ton- 
nage, keep  troops  or  ships-of-war  in  time  of  peace,  enter  into  any  agreement 
or  compact  with  another  state,  or  with  a  foreign  power,  or  engage  in  war, 
unless  actually  invaded,  or  in  such  imminent  danger  as  will  not  admit  of 
delay." 

If  state  governments  were  allowed  to  keep  troops,  Congress 
would  be  under  the  necessity  of  having  constantly  an  overwhelm- 
ing force  to  keep  the  state  governments  with  their  troops  at  bay. 
When,  in  1848,  the  German  national  Congress  at  Frankfort  had 
debated  and  resolved  awhile  without  an  executive  force  at  their 
disposal,  the  state  governments,  tired  of  their  debates,  marshalled 
their  armies,  dissolved  this  Congress,  and  made  an  end  of  German 
national  unity.  A  similar  destiny  awaited  the  ancient  Greek  con- 
federations. This  would  also  happen  in  the  United  States  under 
similar  circumstances.  Without  a  strict  adherence  to  the  provisions 
of  this  clause,  the  United  States  would  be  Europe  to-morrow.  No 
state,  as  such,  has  a  right  to  control  Congress,  or  to  exercise  any 
authority  under  the  general  constitution.  No  state  tribunal  has  a 
right  to  interfere  with  the  seizures  of  property  made  by  federal 
revenue-officers  in  conformity  with  the  laws  of  Congress.  State 
laws  have  no  operation  upon  the  rights  or  contracts  of  the  United 
States.  The  United  States  and  the  states  are  throughout  to  be 
considered  as  entirely  separate  business  concerns.  The  govern- 
ments of  Great  Britain  and  France  can  not  be  more  distinctly 


NEGATIVE  PROVISOES.  81 

separated  from  each  other  than  the  federal  government  from  the 
state  governments.  All  resolves  and  acts  of  the  state  legislature 
or  executive,  all  propositions  and  recommendations  in  messages 
of  our  state  governors  on  business  belonging  to  Congress  are  im- 
proper, unconstitutional,  and  entirely  gratuitous,  betraying  a  med- 
dlesome spirit  and  very  little  appreciation  and  knowledge  of  our 
political  system  and  organic  law. 

If  all  governments  would  aim  at  nothing  but  the  realization 
of  justice,  never  meddle  with  any  business  which  is  not  strictly 
political,  and  never  interfere  with  each  others'  affairs,  a  serious 
misunderstanding  among  those  public  business  concerns  would  be 
as  little  possible  as  a  misunderstanding  between  two  neighboring 
farmers  or  merchants,  if  they  act  upon  the  same  plan,  that  is, 
mind  their  own  business.  However,  for  plotting  and  intriguing 
men,  there  is,  alas !  no  help  in  laws,  though  made  by  a  hundred 
Washingtons ;  none  in  compromises  or  treaties,  though  written 
with  the  blood  of  millions  of  patriots.  Those  wicked  men  are  the 
cause  of  the  complaints  about  the  complication  of  our  political 
system  and  machinery. 

Well-informed  women  can  here  do  much  good  for  society. 
"While  they  are  excluded  from  direct  participation  in  the  public 
affairs,  they  may  cultivate  harmony  and  promote  the  interests  of 
the  country  the  more  surely.  If  they  are  not  Viragos  —  would 
that  there  were  none  in  the  United  States,  even  to  promote  the 
temperance  fanaticism  by  violence — they  may  wield  the  social 
balance  of  power. 

I  do  not  natter ;  you,  my  daughters,  know  me  too  well  in  this 
respect.  Make,  then,  a  good  use  of  your  real  woman's  rights : 
there  are  bogus  woman's  rights  abroad. 

4* 


82  THE  NATIONAL  GOVERNMENT. 


LETTER    XX. 

Executive.  —  President.  —  Vice-President.  —  Their  Election.  —  Term  of 
Four  Years.  —  No  Titles.  — -  Santa  Anna.  —  Vulgar  Political  Papers.  — 
Respect  of  Public  Officers. — English '  Grumbling.  —  Second  Term. — 
Swiss  Presidential  Election. 

WE  have  now  to  examine  a  few  simple  provisions  concern- 
ing our  president  or  executive.  Laws  require  execution.  It 
is  wise  to  separate  this  business  from  the  legislative  ;  it  may 
then  be  done  more  considerately  and  effectively,  the  patronage 
and  power  which  public  business  produces  divided,  and  a 
wholesome  mutual  check  created  between  the  great  branches 
of  the  government. 

ARTICLE    II. 

Of  the  Executive. 

SECTION    I. 

"1.  The  executive  power  shall  be  vested  in  a  president  of  the  United 
States  of  America.  He  shall  hold  his  office  during  the  term  of  four  years,  and, 
together  with  the  vice-president,  chosen  for  the  same  term,  be  elected  as 
follows  : — " 

An  office  which  is  merely  ministerial,  that  is,  has  to  execute 
what  others  have  ordained,  as  that  of  our  president,  is  better 
filled  by  one  head  than  by  several.  Our  federal  laws  are  dis- 
cussed or  enacted  by  a  college  or  assembly,  with  the  help  of 
committees,  and  executed  by  one  responsible  man,  in  Greek 
called  a  monarch.  This  brings  unity,  energy,  and  precision  in 
this  business.  That  ambition  may  not  creep  in  and  spoil  the 
man  and  business,  he  serves  only  four  years,  and  therefore 
must  be  elected.  The  simplicity  and  business-like  character 
of  our  constitution  appear  pre-eminent  in  omitting  all  titles, 
in  this  instance  also.  There  was  no  example  of  such  a  single- 
ness on  earth,  when  this  constitution  was  set  up.  Our  next 
door  neighbors  have  not  learned  from  this  constitution,  other- 
wise Santa  Anna  would  not  have  assumed  the  title  of  highness. 


THE   PRESIDENT.  83 

Still,  our  president  has  just  the  same  business  to  perform  about 
which  kings  and  emperors  make  so  much  ado  for  nothing. 
While  we  are  not  given  to  empty  titles,  we  should,  however, 
not  deny  the  president,  the  elected  responsible  head  of  our  fed- 
•eral  government,  his  due  respect.  I  know  that  you,  my  daugh- 
ters, and  a  great  many  of  your  sex,  do  not  like  the  political 
papers  on  account  of  their  systematic  vulgar  attacks  on  the 
president  and  other  officers,  just  as  if  they  were  the  common 
mark  for  the  missiles  of  malice  and  bad  taste.  A  public  officer 
who  is  not  respected,  is  without  real  authority.  Englishmen 
have  good  reason  to  grumble,  and  if  they  please,  ridicule  their 
obsolete  feudal  state-affairs  and  wigged  officials ;  but  is  there 
any  thing  obsolete  or  ridiculous  in  our  political  system  ?  As 
long  as  our  president  acts  constitutionally,  and  as  well  as  he  is 
able  to  do,  with  the  help  of  his  numerous  advisers,  he  deserves 
general  respect.  The  licentious  vulgar  press  corrupts  the  taste 
of  the  masses,  and  is  the  cause  of  villanyand  mob  violence. 

According  to  the  wording  of  this  clause,  the  president  shall 
hold  his  office  during  the  term  of  four  years  only.  Washing- 
ton, and  several  other  presidents,  have  been  elected  for  a  second 
term.  With  the  increase  of  the  population,  the  parties  have 
gained  strength.  Party  influence  may  now  be  coveted  by  a 
president  in  favor  of  his  re-election.  At  present,  Washington 
would  not  have  consented  to  a  re-election.  This  is  the  cause  why 
some  wish  that  the  absolute  one-term  system,  either  of  four  or  six 
years  may  be  adopted.  The  constitution  being  silent  about  a 
second  term,  or  re-election,  we  have  to  understand  it  as  being  in 
favor  of  one  absolute  term,  which,  no  doubt,  is  right ;  for  if  not, 
one  person  may  as  well,  from  four  years  to  four  years,  be  re- 
elected  to  the  end  of  his  life. 

The  Swiss,  probably  to  avoid  the  excitement  which  accompa- 
nies our  presidential  elections,  have,  in  their  new  constitution 
of  1848,  (a  good  imitation  of  ours,)  made  the  heads  of  the  de- 
partments elective,  who  then  chose  one  of  their  number  as  presi- 
dent. This,  however,  is  against  the  principle  which  serves  as  a 
guide  in  appointing  officials.  Those  who  act  merely  as  clerks, 
and  not  as  representatives  of  the  government,  should  never  be 
elected.  Our  constitution  is,  in  this  regard,  perfect,  and  has  been, 
thus  far,  misunderstood  by  the  Swiss. 


84  THE   NATIONAL   GOVERNMENT. 


LETTER    XXI. 

Electors.  —  How  Chosen.  —  Qualification  of  Presidential  Candidates. 

THE  constitution  disposes  further  : — 

"  2.  Each  state  shall  appoint,  in  such  manner  as  the  legislature  thereof 
may  direct,  a  number  of  electors,  equal  to  the  whole  number  of  senators  and 
representatives  to  which  the  state  may  be  entitled  in  the  Congress ;  but  no 
senator  or  representative,  or  person  holding  an  office  of  trust  or  profit  under 
the  United  States,  shall  be  appointed  an  elector." 

"  3.  [As  amended.]  The  electors  shall  meet  in  their  respective  states,  and 
vote  by  ballot  for  president  and  vice-president,  one  of  whom,  at  least,  shall 
not  be  an  inhabitant  of  the  same  state  with  themselves ;  they  shall  name  in 
their  ballots  the  person  vote.d  for  as  president,  and  in  distinct  ballots  the  per- 
son voted  for  as  vice-president,  and  they  shall  make  distinct  lists  of  all  per- 
sons voted  for  as  president,  and  of  all  persons  voted  for  as  vice-president,  and 
of  the  number  of  votes  for  each,  which  lists  they  shall  sign  and  certify,  and 
transmit  sealed  to  the  seat  of  the  government  of  the  United  States,  directed  to 
the  president  of  the  senate  ;  the  president  of  the  senate  shall,  in  the  presence  of 
the  senate  and  house  of  representatives,  open  all  the  certificates,  and  the  votes 
shall  then  be  counted  ;  the  person  having  the  greatest  number  of  votes  for 
president  shall  be  the  president,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed  ;  and  if  no  person  have  such  majority,  then 
from  the  persons  having  the  highest  numbers,  not  exceeding  three,  on  the  list 
of  those  voted  for  as  president,  the  house  of  representatives  shall  choose  imme- 
diately, by  ballot,  the  president ;  but  in  choosing  the  president,  the  votes  shall 
be  taken  by  states,  the  representation  from  each  state  having  one  vote ;  a 
quorum  for  this  purpose  shall  consist  of  a  member  or  members  from  two 
thirds  of  the  states,  and  a  majority  of  all  the  states  shall  be  necessary  to  a 
choice ;  and  if  the  house  of  representatives  shall  not  choose  a  president, 
whenever  the  right  of  choice  shall  devolve  upon  them,  before  the  fourth  day 
of  March  next  following,  then  the  vice-president  shall  act  as  president,  as  in 
the  case  of  the  death  or  other  constitutional  disability  of  the  president.  The 
person  having  the  greatest  number  of  votes  as  vice-president,  shall  be  the  vice- 
president,  if  such  a  number  be  a  majority  of  the  whole  number  of  electors  ap- 
pointed, and  if  no  person  have  a  majority,  then  from  the  two  highest  numbers 
on  the  list  the  senate  shall  choose  the  vice-president ;  a  quorum  for  the  pur- 
pose shall  consist  of  two  thirds  of  the  whole  number  of  senators,  and  a  ma- 
jority of  the  whole  number  shall  be  necessary  to  a  choice.  But  no  persons 
constitutionally  ineligible  to  the  office  of  president  shall  be  eligible  to  that  of 
vice-president  of  the  United  States." 


PRESIDENTIAL  QUALIFICATIONS.  85 

Tliis  is  all  plain.  Still  the  action  of  the  electors  is  fore- 
stalled by  the  parties,  which  are  now  better  organized  than  at 
the  outset  of  the  federal  government.  They  preconcert  the 
legal  elections,  and  propose  the  candidates,  so  that  the  activity 
'of  the  presidential  electors  is  in  the  main  a  mere  form,  for  the 
loyalty  to  party  forbids  the  electors  to  make  a  change  in  their 
creed  or  policy. 

"  4.  The  Congress  may  determine  the  time  of  choosing  the  electors,  and 
the  day  on  which  they  shall  give  their  votes,  which  day  shall  be  the  same 
throughout  the  United  States." 

This  arrangement  is  calculated  to  prevent  fraud,  at  present 
the  vote  is  to  be  cast  throughout  the  United  States  on  the  first 
Tuesday  of  November. 

"  5.  No  person  except  a  natural  born  citizen,  or  a  citizen  of  the  United 
States  at  the  time  of  the  adoption  of  this  constitution,  shall  be  eligible  to  the 
office  of  president,  neither  shall  any  person  be  eligible  to  that  office  who  shall 
not  have  attained  to  the  age  of  thirty-five  years,  and  been  fourteen  years  a 
resident  within  the  United  States." 

It  is  considered  unquestionable  that  the  chief  executive 
officer  should  be  a  citizen  of  the  United  States,  and  a  native. 
There  never  has  been  a  president  elected  younger  than  forty 
years.  Mr.  Pierce  was  forty -nine  years  old  when  elected,  and 
so  was  Mr.  Polk ;  all  other  presidents  were  over  fifty,  and  some 
over  sixty  years  old  at  the  time  of  election.  The  fire  and  am- 
bition of  youth  is  little  suitable  for  an  office  like  that  of  our 
president.  He  must  be  a  tried  man,  otherwise  he  will  either 
not  bear  the  burdens  of  this  office,  or  become  a  mere  instru- 
ment in  the  hands  of  designing  men.  This,  according  to  the 
results  of  the  elections,  people  seem  to  appreciate  well. 


THE  NATIONAL  GOVERNMENT. 


LETTER    XXII. 

Presidents  advanced  in  Age.  —  Mrs.  Phelps.  —  Mrs.  Strickland.  —  Mrs. 
Willard.  —  Mrs.  Howe.  —  Mrs.  Hale.  —  Presidential  Vacancy.  —  Acting 
President.  —  Non-election.  —  Salary.  —  Honesty  of  the  American  Presi- 
dents. —  Oath.  —  Spirit  of  Urbanity. 

IT  is,  perhaps,  superfluous  to  mention,  that  although  a  citizen, 
thirty-five  years  old,  is  eligible  as  president,  there  never  has 
been  so  young  a  man  elected.  Our  presidents  were,  as  you  know 
from  history,  all  advanced  in  age,  a  proof  that  people  are  well 
aware  that  business  experience^  and  knowledge  of  the  world  are, 
besides  honesty  and  common  sense,  indispensable  qualities  of  a 
president  of  the  United  States.  I  should  have  inclosed  this  remark 
as  a  P.  S.,  in  my  last  letter,  but  did  not  prefer  to  imitate  here  your 
letter  fashion,  my  daughters,  much  as  I  admire  letters  written  by 
ladies,  for  they  alone  understand  well  how  to  write  them.  I  have 
waited  long  enough  for  letters  on  the  constitution  from  a  Mrs. 
Phelps,  Mrs.  Strickland,  Mrs.  Willard,  Mrs.  Howe,  or  Mrs.  Hale, 
but  think  the  time  has  now  come  to  try  my  skill.  Let  me  then 
go  on : — 

"  6.  In  case  of  the  removal  of  the  president  from  office,  or  of  his  death, 
resignation,  or  inability  to  discharge  the  powers  and  duties  of  the  said  office, 
the  same  shall  devolve  on  the  vice-president,  and  the  Congress  may  by  law 
provide  for  the  case  of  removal,  death,  resignation,  or  inability,  both  of  the 
president  and  vice-president,  declaring  what  officer  shall  then  act  as  president, 
and  such  officer  shall  act  accordingly,  until  the  disability  be  removed,  or  a 
president  shall  be  elected." 

In  this  regard,  the  law  is  that  the  intermediate  president  of  the 
senate,  or  the  speaker  of  the  house  of  representatives,  shall  be 
president.  In  regard  to  non-election,  the  constitution  is  silent. 
But  the  law  is  just,  and  required  for  the  preservation  of  the 
Union,  and  the  regular  management  of  the  public  business. 

"  7.  The  president  shall,  at  stated  times,  receive  for  his  services,  a  compen- 
sation, which  shall  neither  be  increased  nor  diminished  during  the  period  for 


PRESIDENTIAL  OATH.*  87 

which  he  shall  have  been  elected,  and  he  shall  not  receive  within  that  period 
any  other  emolument  from  the  United  States,  or  any  of  them." 

'  The  salary  of  the  president  is  twenty -five  thousand  dollars,  and 
that  of  the  vice-president  eight  thousand  dollars  per  annum.  In 
spite  of  the  peculiar  liberty  especially  enjoyed  by  the  opposition 
party  of  showering  clouds  of  calumnies  daily  upon  this  function- 
ary, there  is  no  instance  on  record  that  one  of  our  presidents  has 
abused  his  station  to  accumulate  money  from  spurious  resources. 
Some  of  them  died  poor.  They  were  among  the  best  of  men. 

"  8.  Before  he  enters  on  the  execution  of  his  office,  he  shall  take  the  fol- 
lowing oath  or  affirmation  : — 

"  I  do  solemnly  swear,  (or  affirm,)  that  I  will  faithfully  execute  the  office  of 
president  of  the  United  States,  and  will,  to  the  best  of  my  ability,  preserve, 
protect,  and  defend  the  constitution  of  the  United  States." 

You  will  notice  with  great  pleasure  that  the  form  of  this  oath 
or  affirmation  is  made  acceptable  to  the  members  of  whatever 
denomination  or  confession. 

The  spirit  of  urbanity  and  liberality  breathing  through  this  or- 
ganic law  is  not  so  much  appreciated  at  home  as  it  deserves. 
What  true  and  noble  humanity  filled  the  mind  and  heart  of  those 
who  framed  it.  It  stands  still  alone  among  and  above  the  nu- 
merous constitutions  since  made  in  Europe  and  America. 

I  feel  happy  to  be  at  the  head  of  a  family,  whose  members, 
without  exception,  feel  thankful  to  the  great  and  good  men  who 
devised  the  constitution. 


88  THE  NATIONAL  GOVERNMENT. 


LETTER    XXIII. 

Presidential  Functions.  —  Commander-in-chief  of  the  Army  and  Navy  and 
Militia.  —  Opinions  of  the  Heads  of  the  Departments.  —  Reprieves.  — 
Pardons. —  The  Union  a  Government,  no  League.  —  Prompt  Protection 
analogous  to  Police.  —  State  Governors  Commanders-in-chief.  —  Treaties. 
—  Consent  of  two-thirds  of  the  Senate.  —  Jefferson.  —  Hamilton.  —  Re- 
moval from  Office.  —  Treaty  with  France. — French  and  English  Alli- 
ance. —  Slave  Treaty.  —  Vacancies. 

WE  shall  now  hear  something  about  the  proper  business  of  the 
president. 

SECTION   II. 

"  1.  The  president  shall  be  commander-in-chief  of  the  army  and  navy  of 
the  United  States,  and  of  the  militia  of  the  several  states  when  called  into 
the  actual  service  of  the  United  States ;  he  may  require  the  opinion,  in  writ- 
ing, of  the  principal  officer  in  each  of  the  executive  departments,  upon  any 
subject  relating  to  the  duties  of  their  respective  offices,  and  he  shall  have 
power  to  grant  reprieves  and  pardons  for  offences  against  the  United  States, 
except  in  cases  of  impeachment." 

This  is  plain  without  comment.  The  phraseology  of  the  first 
part  of  this  clause  seems  to  pre-suppose  a  United  States  army 
separate  from  the  militia.  If  so,  our  little  army  is  all  right.  As 
matters  are  now,  it  seems  that  we  can  not  much  longer  enjoy 
our  civil  liberty  without  an  army  of  the  United  States,  because 
we  are  fond  now  of  enforcing  our  will  with  weapons,  instead  of 
confiding  to  the  ballot-box.  Look  at  Kansas,  California,  etc. 
He  who  is  at  the  head  of  the  executive  must  be  commander-in- 
chief  of  the  forces  subservient  to  the  executive.  The  second  clause 
pre-supposes  different  executive  departments,  as  of  war,  navy, 
treasury,  state,  interior,  with  proper  heads,  as  advisers  of  the 
president. 

Our  Union  being  constituted  as  a  government,  and  not  as  a 
mere  league,  the  executive  acts,  in  all  cases  belonging  to  its 
sphere,  analogous  to  the  usual  state  executives,  police  included. 
Should  foreign  nations  attack  our  territory,  molest  our  citizens 


PRESIDENTIAL  DUTIES.  89 

when  travelling  abroad,  or  stop  and  destroy  our  ships  on  the  oceans, 
in  all  such  cases  it  is  the  duty  of  the  executive  to  .defend  our  in- 
terests, rights,  and  honor,  with  all  disposable  means  at  hand,  with- 
out waiting  for  legislative  action,  because,  for  this  purpose,  we 
have  executives.  They  are  instituted  parts  of  the  government, 
acting  within  their  sphere  independently.  The  state  constitutions 
make  their  governors  commanders-in-chief  of  the  militia,  and 
navy  too,  which,  if  it  refers  to  war,  seems  to  clash  with  this 
section,  in  some  respect  at  least. 

"  2.  He  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
senate,  to  make  treaties,  provided  two-thirds  of  the  senators  present  concur ; 
and  he  shall  nominate,  and  by  and  with  the  advice  and  consent  of  the  senate, 
shall  appoint  ambassadors,  other  public  ministers  and  consuls,  judges  of  the 
supreme  court,  and  all  other  officers  of  the  United  States  whose  appoint- 
ments are  not  herein  otherwise  provided  for,  and  which  shall  be  established 
by  law ;  but  the  congress  may  by  law  vest  the  appointment  of  such  inferior 
officers  as  they  think  proper  in  the  president  alone,  in  the  courts  of  law,  or 
in  the  heads  of  departments. 

Instead  of  a  separate  council,  as  in  Great  Britain,  the  constitu- 
tion designates  the  senate  as  the  adviser  of  the  president,  in  cer- 
tain instances.  Our  history  shows  what  importance  has  been 
given  to  the  heads  of  departments,  as  for  example,  under  General 
Washington's  presidency  on  the  National  bank  question.  Jeffer- 
son, then  secretary  of  state,  was  against  such  a  bank,  Hamilton, 
secretary  of  the  treasury,  in  favor  of  one.  The  first  became  thus 
the  patron  of  the  democrats,  the  second  that  of  the  whigs.  And 
ever  since,  the  local  partisans  respectively  oppose  t>r  approve  of 
such  a  bank,  because  Jefferson  was  against  and  Hamilton  for  it. 
The  executive  concurrent  activity  of  the  senate  is,  fortunately, 
not  so  distinctly  apparent.  The  president,  not  the  heads  of  the 
departments,  is  responsible  for  his  official  acts.  In  monarchies,  the 
prince  is  not  responsible,  but  the  heads  of  the  departments.  When 
the  better  performance  of  the  public  affairs  require  it,  the  presi- 
dent may  delegate  his  authority,  namely,  in  time  of  war. 

The  pardoning  power  can  properly  be  exercised  only  by  the 
executive,  because  it  has  directly  nothing  to  do  with  the  law  and 
sentence.  As  the  laws  of  procedure  are  at  present,  indeed,  more 
in  favor  of  the  accused  than  of  society  or  the  accuser,  it  should 
hardly  ever  be  exercised,  because  it  invariably  interferes  with  es- 
tablished justice  and  the  judiciary.  This  pardoning  power  is  a 


90  THE   NATIONAL  GOVERNMENT. 

different  thing  in  monarchies,  where  the  laws  are  made  more  in 
favor  of  the  king  and  state  than  the  accused.  The  advice  of  the 
senate  divides  or  lessens  the  responsibility  of  the  president. 

A  treaty  is  a  compact  made  by  nations  through  their  govern- 
ments. It  would  have  been  an  anomaly  to  give  the  treaty  power 
to  the  executive  exclusively,  while  all  our  laws  are  made  by  an 
assemblage  of  legislators  ;  hence,  the  advice  and  consent  of  the 
senate.  The  house  of  representatives  has  nothing  to  do  with 
treaties,  but  may  be  required  to  enact  in  consequence  of  treaties 
financial  laws,  without  giving  them  the  right  to  alter  such  treaties. 
President  and  senate  appoint  diplomatic  and  other  public  officers, 
without  concurrence  of  the  house.  The  clause  is  well  devised. 
The  small  branch  of  the  legislature  is  well  adapted  for  a  state 
council.  The  appointing  power  includes  the  removing  power  ;  it 
is  lodged  with  the  president  according  to  a  sound  doctrine,  for  the 
constitution  is  silent  on  it.  If  the  concurrence  of  the  senate  was 
required  for  a  removal  from  office,  this  part  of  the  responsible 
office  of  the  president  would  or  could  be  surrounded  with  vexa- 
tious delays,  obnoxious  to  the  public  service.  To  trouble  the 
senate  with  advising  about  the  appointment  of  postmasters,  and 
the  like  officials,  would  be  superfluous,  because  a  refusal  would 
be  probably  resented  by  a  delay  in  nominating.  Engagements 
for  offices  in  state  or  private  relations,  depends  much  upon  per- 
sonal acquaintance,  qualifications,  and  inclination  of  favor.  The 
president  must  be  at  liberty  to  appoint  officials  who  correspond 
with  these  requisites.  This  is  the  custom  everywhere. 

If  a  convention  or  treaty  with  a  foreign  government  concerns 
a  certain  business,  the  first  ceases  when  the  latter  has  been 
achieved.  The  French  government  found  it  in  its  interest  from 
national  jealousy,  to  support  the  American  colonies  in  their  strug- 
gle for  independence  against  England,  and  entered  into  a  treaty 
with  them  about  it,  with  this  struggle  terminated  the  treaty.  There 
is  nothing  entangling  in  such  special  arrangements,  just  as  little  as 
in  a  mutual  support  of  neighbors  in  case  of  a  conflagration.  But 
a  treaty  like  that  known  under  the  name  of  Bulwer  and  Clayton 
treaty,  which  stipulates  that  the  Isthmus  shall  remain  for  ever  as 
it  is,  and  neither  occupied  by  ourselves  nor  the  English,  antici- 
pates business,  events,  and  changes,  over  which  we  must  have  free 
control  at  all  times,  and  is,  therefore,  eminently  entangling  and 


APPOINTMENTS.  91 

undiplomatic.  Turkey  was  wantonly  attacked  by  the  Czar ; 
France  and  England  allied  themselves  to  help  the  aggressed. 
This  successfully  done,  according  to  sound  doctrine,  the  alliance 
should  cease.  If  it  is  prolonged  by  intrigue,  one  of  the  parties  will 
feel  the  consequence  of  the  blunder  in  season. 

Our  government  entered  into  a  treaty  with  England,  France, 
Spain,  etc.,  to  stop  the  slave-trade  in  Africa,  by  keeping  the  coast 
blockaded  for  this  purpose.  While  we  keep  watch  on  the  coast, 
the  English,  French,  and  Spaniards,  carry  on  the  trade  under  an- 
other name,  or  indirectly.  Such  a  treaty  is  false  diplomacy.  Its 
object  ought  to  be  reached  at  home.  With  the  import  of  slaves 
ceases  the  export  alone. 

"  3.  The  president  shall  have  power  to  fill  up  all  vacancies  that  may  happen 
during  the  recess  of  the  senate,  by  granting  commissions  which  shall  expire 
at  the  end  of  their  next  session." 

The  business  order  requires  such  a  proviso.  If  a  temporary 
officer  should  be  rejected  by  the  senate,  justice  and  propriety,  or 
comity,  require  that  the  president  should  not  appoint  him  again 
during  the  recess  of  the  senate.  If  he  does  —  the  constitution  does 
not  distinctly  forbid  it — the  house  of  representatives,  keeping  the 
purse-strings,  may  withhold  the  appropriation,  and  thus  dispose 
the  president  to  agree  with  the  senate.  It  is  the  practice  that  the 
president  can  not  create  the  office  of  minister  during  the  recess  of 
the  senate  without  its  consent. 

So  far  as  I  am  acquainted  with  the  business  connection  between 
our  presidents  and  the  senate,  it  has  always  been  of  a  friendly 
character.  Why  should  it  be  otherwise  under  such  a  constitution  ? 


92  THE  NATIONAL  GOVERNMENT. 


LETTER    XXIV. 

Messages. —  Ambassadors. —  Commissions. —  Chateaubriand.  —  Impeach- 
ment of  President,  Vice-President,  and  other  Officers,  for  Treason,  Bribery, 
or  other  high  Crimes  and  Misdemeanors. — Pensions. 

SOON  we  shall  have  done  with  our  mighty  president  and  then 
turn  a  new  leaf,  and  make  acquaintance  with  the  grave  federal 
judiciary. 

SECTION   III. 

"  1 .  He  shall,  from  time  to  time,  give  to  the  Congress  information  of  the 
state  of  the  Union,  and  recommend  to  their  consideration  such  measures  as 
he  shall  judge  necessary  and  expedient;  he  may,  on  extraordinary  occasions, 
convene  both  houses,  or  either  of  them,  and  in  case  of  disagreement  between 
them,  with  respect  to  the  time  of  adjournment,  he  may  adjourn  them  to  such 
time  as  he  shall  think  proper ;  he  shall  receive  ambassadors  and  other  public 
ministers ;' he  shall  take  care  that  the  laws  be  faithfully  executed,  and  shall 
commission  all  the  officers  of  the  United  States." 

The  custom  of  written  messages  originated  with  President  Jef- 
ferson. It  affords  a  timely  opportunity  to  lay  down  a  certain 
plan  for  legislative  action,  based  upon  necessity,  business  experi- 
ence, and  principles,  necessary  for  large  legislative  bodies,  whose 
members,  too  often,  bring  but  vague  notions  about  the  constitu- 
tional public  business  to  "Washington  and  other  capitols.  These 
messages  and  the  reports  of  the  chief  heads  of  the  departments  are 
considered  our  most  valuable  papers.  They  best  prove  the  abili- 
ties which  have  managed  our  public  affairs.  In  return,  Congress 
has  the  right  to  call,  at  any  time,  for  information  and  executive 
documents. 

He  receives  ambassadors,  dismisses,  or  rejects  them  too,  as  he 
sees  proper.  The  care  that  the  laws  be  faithfully  executed  would 
be  a  useless  phrase  without  the  power  of  instantaneous  removal  in 
the  case  of  malpractice. 

Many  of  these  ministerial  provisoes,  adapted  to  present  usages 
are  subject  to  the  reforming  influence  of  time.  If  the  government 
should  prefer  to  appoint  only  consuls,  and  dispense  with  ambassa- 
dors entirely,  as,  indeed,  superfluous  in  a  good  political  system, 


PENSIONS.  93 

according  to  the  opinion  of  the  late  ambassador,  Count  Chateau- 
briand, who  said,  "  le  terns  des  ambassades  est  passe  et  celui  des 
consulates  arrive,"  our  constitution  would  not  be  against  the  adopt- 
ing of  such  reforms. 

SECTION   IV. 

"1.  The  president,  vice-president,  and  all  civil  officers  of  the  United 
States,  shall  be  removed  from  office  on  impeachment  for,  and  conviction  of 
treason,  bribery,  or  other  high  crimes  and  misdemeanors." 

This  clause  does  not  exclude  or  prohibit  removals  on  other 
grounds — and  thus  ends  the  article  which  makes  our  four  years 
king. 

Salaries  and  pensions  are  an  important  item  in  our  age,  where 
every  man  of  a  little  wit  strives  to  make  a  fortune  as  fast  as  pos- 
sible. Civilians  and  soldiers  also  love  to  accumulate.  Good 
services  ought  to  be  adequately  remunerated,  either  by  fees  or 
annual  salaries.  The  first  are  prescribed,  in  regard  to  the  latter 
the  rule  is,  that  they  preclude  all  fees  and  extras  for  office  out- 
lays, travelling,  etc.,  if  not  expressly  reserved.  There  are  a 
number  of  offices  which  require  very  little  regular  office  atten- 
tion, and  are  honorable  and  influential,  which  should  be  therefore 
unsalaried.  All  town  (mayor)  and  county  (overseer)  executives 
belong  to  this  class.  The  occupiers  should  imitate  the  example 
of  Washington,  who  never  accepted  a  salary,  but  only  his  outlays 
restituted ;  mere  ambitious  speculators  would  be  thus  kept  off, 
and  retired  citizens  of  standing  induced  to  devote  their  time  to 
such  functions.  The  English  fashion  of  allowing  high  and  low 
aristocratic  lazy  officials  to  appoint  deputies,  who  do  their  work, 
should  be  discarded  with  us,  because  it  produces  sinecures  and 
an  inclination  to  extort. 

Is  it  impossible  to  organize  the  common  defence  of  our  Union 
without  the  help  of  the  European  pension  system  ?  We  have  no 
standing  army  in  the  proper  European  sense  of  the  word,  but 
only  some  troops  to  guard  the  forts  and  boundaries,  who  are 
comparatively  well  paid.  We  pay  per  head  over  one  thousand 
dollars,  while  Great  Britain  pays  about  four  hundred  dollars, 
France,  one  hundred  and  fifty  dollars,  Austria,  one  hundred  and 
ten  dollars,  and  Russia  eighty  dollars,  army  and  naval  expenses. 
To  keep  the  large  armies  in  Europe  in  such  pay  as  ours,  would 
exhaust  the  resources  of  the  wealthiest  nation  at  once.  There- 


94  THE  NATIONAL  GOVERNMENT. 

fore  they  make  their  use  of  pensions,  orders,  badges  of  nobility, 
certain  offices  reserved  by  law  for  soldiers  out  of  service,  etc.,  to 
make  it  acceptable  and  popular.  Moreover,  the  princes,  when 
fighting  against  each  other,  to  promote  their  interests  and  that 
of  the  aristocracy  and  opium  dealers,  make  their  soldiers  believe 
they  fight  for  civilization  and  Christianity.  En  passant,  it  must 
puzzle  the  government  in  London,  fighting  for  civilization  and 
Christianity,  when  General  Outram,  after  the  occupation  of 
Lucknow,  declared  in  a  public  proclamation  to  the  people  of 
Oude,  that  the  government  had  not  the  least  idea  of  making  war 
against  the  religion  of  the  Hindoos !  Again,  while  we  have 
nothing  to  do  with  such  things,  is  it,  I  ask,  impossible  to  pro- 
vide for  the  common  defence  of  this  home  of  the  proud  freemen 
of  America,  without  the  pension  system,  invented  by  European 
princes  of  the  school  of  Machiavelli,  to  keep  standing  armies, 
that  is,  human  machines  without  whose  prop  their  thrones  would 
fare  like  that  of  the  king  of  Oude  ? 

I  wish  we  could,  for  soon  will  civil  pensions  in  the  Union 
and  states  become  fashionable  too.  There  would  then  be  a 
degrading,  corrupting  precedent,  less  in  the  country. 


LETTER    XXV. 

Officers,  their  desire  to  earn  Money  like  the  rest. — Parties  kept  together  by 
monied  interest.  —  Majority  in  Elections.  —  Right  to  the  Spoils.  —  Oppo- 
sition to  the  Party  in  Power.  —  Court  Favor  in  Monarchies.  — Election  Ex- 
penses. —  Difficulties  in  filling  Offices.  —  Catherine  de  Medicis.  —  Chancel- 
lor Hopital.  —  Selling  of  Offices.  —  Swiss  sell  Offices.  —  Self-government 
curtails  Offices.  —  Paul.  —  Parties  outside  the  Constitution.  —  Platforms.  — 
Logrolling.  —  Party  should  cease  in  Congress  when  sworn  in.  —  Presiden- 
tial Patronage.  —  Political  Martyrs  a  Nuisance.  —  Factitious  Speaking.  — 
Demagogues. — American  Women.  — Benjamin  Franklin.  —  Office-seeking. 

BEFORE  we  part  with  the  chief  of  our  Union,  the  successor  of 
Washington,  I  must  write  a  word  or  two  more  on  his  business. 
It  is  his  duty  to  appoint  a  large  number  of  officers,  who  must  be 
paid  for  services.  These,  naturally,  are  as  fond  of  making  money 
as  the  rest  of  us.  Liberty  of  industry  produces  industrious,  specu- 


OFFICES.  95 

lative,  perseveringly  accumulative  business  men.  Wholesome  and 
well-executed  laws  make  man  trusty,  generous  in  credit,  giving, 
expansive,  and  associative.  Despotic  and  arbitrary  governments, 
on  the  other  hand,  cripple  this  spirit  in  man,  make  him  sly,  beg- 
garly, distrustful,  hoarding,  in  one  word — Chinese.  We  should 
then  not  expect  that  our  officers  to  be  less  speculative  than  the  rest, 
nor  should  we  grumble  if  many  are  eager  to  get  an  office.  This 
desire  for  office  and  money  is  the  sole  cause  of  parties,  and  the 
glue  that  makes  them  cohere  or  stick  together.  Principles  never 
do  such  things,  for  there  seldom  agree  two  men  about  one.  But 
about  an  office,  with  a  good  salary,  thousands  may  have  the  same 
opinion  and  sharp  appetite.  To  get  at  the  offices  in  our  republic 
we  must  be  in  the  majority ;  to  get  that  we  must  organize  or  join 
a  party.  When  one  party  has  succeeded  to  be  in  the  majority  in 
the  presidential  election,  it  has,  as  the  phrase  is,  a  right  to  the 
spoils — that  is,  offices,  salaries,  emoluments,  etc. ;  because  it  is  the 
custom  that  the  president  of  the  victorious  party  elects  among  his 
paity  friends  the  officers  for  the  offices  in  his  gift.  This,  however, 
is  the  reacting  cause,  why,  from  that  moment,  the  party  left  in  the 
minority,  and,  of  course,  out  of  office,  rallies  and  strains  every 
nerve  to  recover  the  lost  fleshpots — of  course,  an  impossible  thing 
without  clubbing  and  party  organization.  This  is  natural.  It  is 
the  same  in  Europe  with  one  great  difference,  that  the  party  in 
power  is  permanent ;  because  the  chief  of  a  monarchical  govern- 
ment is  hereditary,  and  retains  therefore  loyal  officers  for  life, 
while  others,  not  loyal,  never  can  get  any  office  at  all.  There  is, 
of  course,  little  excitement  about  office.  Court  favor  takes  the 
place  of  party.  There  are  no  election  expenses — which  often 
amount  with  us  to  considerable  sums,  as  ten  per  cent  of  the  sal- 
aries and  more.  They  are  one  of  the  causes  of  raising  the  salaries 
of  late.  The  charges  of  the  political  brokers,  I  mentioned  in 
another  letter,  are  now  much  higher  than  previously. 

In  republics  and  monarchies  prevails  the  same  difficulty  about 
the  filling  of  offices  with  the  right  men.  One  of  the  best  French 
statesmen,  Mr.  Hopital,  chancellor  under  the  profligate  Catherine 
de  Medici*,  preferred  the  selling  or  farming  out  of  the  offices,  to 
deprive  the  vicious  court  of  the  occasion  to  fill  them  with  its  crea- 
tures. In  several  Swiss  cantons  the  same  policy  has  been  adopted 
to  preclude  hungry  office-seekers,  and  stop  their  hunting  for  office. 


96  THE   NATIONAL  GOVERNMENT. 

The  best  help  promises  self-government,  self-control  in  this  diffi- 
culty. If  each  is  his  own  governor  in  the  right  direction,  he,  of 
course,  needs  none  to  govern  him.  St.  Paul  understood  this  per- 
fectly well.  Virtue  and  godliness  makes  man  free,  self-governing, 
independent.  No  doubt  about  that,  my  children. 

I  remarked,  in  another  place,  that  our  parties  are  outside  the 
pale  of  the  constitutions ;  they  are  ignored  by  them ;  they  can  not 
alter  the  constitutions.  Their  platforms,  promises,  resolves,  stump 
speeches,  etc.,  at  election  times,  have  merely  an  eye  upon  the  ma- 
jority, which  promises  offices,  salaries,  jobs,  etc.  They  may  ex- 
ercise a  great  influence  upon  the  making  of  laws  and  their  execu- 
tion, if  the  officials  are  partial,  unmindful  of  their  obligation  and 
office  oaths,  and  winking  at  partisan  iniquity.  Logrolling  laws 
are  inseparable  from  spurious  political  business. 


LETTER  XXVI. 

Judiciary.  —  Supreme  Court.  —  Inferior  Courts.  —  Salaries.  —  Appointed 
during  Good  Behavior.  —  Judiciary  a  Product  of  State. — Elective  Judges 
inclining  to  favor  Mobism.  —  Public  Morals  under  an  Elective  Judiciary. 

As  there  is  a  necessity  of  distributing  some  kinds  of  judicial 
business  among  certain  districts,  called  towns,  counties,  etc.,  so 
there  is  a  necessity  of  giving  a  certain  class  of  quarrels  and  dis- 
putes and  crimes  to  Congress  to  settle  them  according  to  the  laws. 
Also,  the  courts  established  by  Congress  have  nothing  to  do  with 
ideal  justice  or  with  the  realization  of  moral  problems,  but  only 
to  execute  the  laws,  or  to  decide  what  is  right  or  wrong.  These 
laws  may  be  sometimes  repugnant  to  the  feelings :  still,  if  they 
are  enacted  by  the  legislative  bodies  in  due  form,  they  must  be 
executed  and  obeyed  as  long  as  they  are  valid.  What  kind  of 
judicial  business  shall  belong  to  Congress  you  will  learn  by  the 
following : — 

ARTICLE    III. 

Of  the  Judiciary. 

SECTION  I. 

"1.  The  judicial  power  of  the  United  States  shall  be  vested  in  one 
supreme  court,  and  in  such  inferior  courts  as  the  Congress  may  from  time 


JUDICIARY.  97 

to  time  ordain  and  establish.  The  judges,  both  of  the  supreme  and  inferior 
courts,  shall  hold  their  offices  during  good  behavior,  and  shall,  at  stated 
times,  receive  for  their  services  a  compensation,  which  shall  not  be  dimin- 
ished during  their  continuance  in  office." 

This  is  the  third  branch  of  the  institution  called  federal  govern- 
ment or  government  of  the  United  States.  We  have  seen  that 
the  president  appoints  these  judges  with  the  advice  and  consent 
of  the  senate,  which  is  sound  doctrine,  because  the  judiciary  is  the 
product  of  the  state  institution,  and  not  of  society.  It  is  against 
the  well-understood  principles  of  politics  to  make  the  judiciary 
dependent  upon  popular  elections.  The  federal  constitution  is  in 
this  regard  not  so  well  appreciated  at  home  as  it  ought  to  be. 
The  truth  is,  people  are  in  need  of  justice,  and  erect  for  this  pur- 
pose an  institution  called  state,  with  a  constitution.  Out  of  this 
institution  comes  the  judiciary,  in  order  to  make  it  entirely  inde- 
pendent of  the  people,  of  whose  acts  and  deeds- and  obligations  it 
shall  judge.  It  is  a  state  right  or  duty  of  government  to  provide 
a  judiciary  ;  because  the  principal  aim  of  this  institution  is  the  reali- 
zation of  justice,  which  most  of  the  people  who  come  in  business 
contact  with  the  judiciary  do  not  like  at  all.  Public  morals  will 
unavoidably  come  to  a  low  ebb  in  states  where  the  judiciary  is 
elective.  The  constitution  creates  the  United  States  supreme 
court,  but  leaves  it  wisely  to  Congress  to  organize  it  and  the  need- 
ful inferior  court.-,  according  to  time  and  circumstances.  The 
supreme  court  held  at  Washington  is  the  highest  legal  author- 
ity. It  construes  and  adjudges  the  constitution  and  the  laws  of 
the  United  States  supremely.  What  belongs  to  the  laws  of  nations 
comes  under  the  sole  cognizance  of  this  tribunal.  It  has  ever 
borne  a  noble  character  and  enjoyed  universal  confidence  in  the 
United  States  and  abroad. 

Some  complain  that  transactions  before  this  court  are  too  ex- 
pensive and  too  long  protracted.  This  is  applicable  to  all  courts 
organized  after  the  English  fashion  ;  because  they  act  not  under 
strict  codes  of  procedure,  but  under  their  own  rules.  Still,  it  is 
in  the  nature  of  cases  coming  under  the  jurisdiction  of  this  court 
that  they  are  complicated  and  therefore  time-absorbing. 

The  appointment  of  the  judges  during  good  behavior  should  be 
also  the  rule  for  the  municipal  judges. 

5 


98  THE  NATIONAL  GOVERNMENT. 


LETTER  XXVII. 

National  Judicial  Business.  —  Court  of  Claims. —  Checks  upon  State  Wars. 
LET  us  continue  our  reading. 

SECTION  II. 

"  1.  The  judicial  power  shall  extend  to  all  cases  in  law  and  equity  arising 
under  this  constitution,  the  laws  of  the  United  States,  and  treaties  made,  or 
which  shall  be  made  under  their  authority;  to  all  cases  affecting  ambassadors 
other  public  ministers,  and  consuls;  to  all  cases  of  admiralty  and  maritime 
jurisdiction;  to  controversies  to  which  the  United  States  shall  be  a  party; 
to  controversies  between  two  or  more  states ;  between  a  state  and  citizens  of 
another  state ;  between  citizens  of  different  states ;  between  citizens  of  the 
same  state  claiming  lands  under  grants  of  different  states,  and  between  a 
state  or  the  citizens  thereof,  and  foreign  states,  citizens,  or  subjects/' 

From  this  array  of  business  which  belongs  to  the  competency 
of  the  supreme  court,  claims  against  a  state  by  citizens  of  another 
state,  or  by  citizens  or  subjects  of  any  foreign  state,  according  to 
the  eleventh  amendment  to  the  constitution,  are  excluded,  because 
such  claims  do  not  partake  of  the  character  of  national  affairs, 
inasmuch  as  a  state  when  sued  takes  the  place  of  a  private  person 
or  corporation.  But  it  is  desirable  that  provision  should  be  made 
for  a  court  adjudging  such  controversies,  wherein  the  state  is 
defendant,  as  a  substitute  for  the  mere  pleasure  of  the  legislature 
in  such  instances.  Congress  has  felt  the  necessity  of  such  a  court 
and  created  the  United  States  court  of  claims,  which  should  be  a 
real  independent  court,  and  not  a  mere  committee,  as  it  stands  at 
present.  Neither  the  supreme  court  nor  the  lower  tribunals  are 
above  law,  but  only  the  interpreters  in  regard  to  the  final  meaning 
of  the  law,  without  willing  anything.  This  is  a  power  inherent 
to  all  courts. 

It  has  been  maintained  that  a  state  can  not  be  sued  by  a  private 
person,  because  it  is  inherent  in  the  nature  of  "  sovereignty  "  not 
to  be  amenable  to  any  private  person.  This  may  hold  good  in 
Europe,  but  even  there  not  generally,  because  the  continental 
governments  have  designated  by  law  certain  courts  before  which 


JUDICIAL   POWER.  99 

claims  raised  against  them  or  their  treasuries,  and  refused,  may 
be  tried  like  all  other  claims.  Even  in  Great  Britain,  which  is 
in  all  these  things  much  behind  time,  the  chancellor  has  some 
authority  to  decide  on  such  claims.  A  monarch,  called  sove- 
reign— a  thing  we  have  not — who  pretends  that  he  got  by  the 
grace  of  God  the  right  to  manage  the  political  affairs  of  the 
people  as  his  property,  is  very  likely  to  pretend,  too,  that  he  can 
never  do  wrong,  and,  of  course,  can  not  afford  to  be  sued.  Our 
governments  have  nothing  in  common  with  this  specious  doctrine. 
They  are  agents,  and  when  they,  as  such,  bind  the  state,  the  state 
must  suffer  to  be  sued  like  other  bound  people  who  refuse  to  fulfil 
their  obligations. 

This  section  makes  the  supreme  court  the  arbiter  between  in- 
dependent states ;  and  this  eminently-wise  arrangement  is  the 
reason  that  there  can  not  be  from  any  cause,  however  provoking, 
a  war  between  the  several  states.  Yes,  my  dear  children,  fond  as 
some  of  the  male  gender  are  of  fighting,  there  can  be  no  war 
between  Massachusetts  and  South  Carolina,  or  between  Michigan 
and  Ohio,  or  California  and  Oregon.  The  supreme  court  is  the 
arbiter  in  all  our  more  or  less  wicked  state-troubles.  What  an 
inestimable  blessing,  then,  is  our  Union  for  a  large  branch  of 
the  human  family  !  Where  is  the  like  ?  Without  this  constitu- 
tional guaranty  of  peace  there  would  be  eternal  fighting  between 
our  parties.  Hence  the  opinions  and  decisions  of  the  supreme 
court  are  cheerfully  considered  as  entirely  conclusive  and  final  by 
the  people. 

The  house  of  representatives  excels  in  such  speculative  or  log- 
rolling law  propositions,  against  which  most  of  the  presidents 
have  battled  with  their  vetoes  successfully.  It  is  significant  that 
the  same  popular  branch  of  Congress  is  indifferent  in  regard  to 
laws  which  bear  upon  the  better  administration  of  justice,  as  the 
adjustment  of  claims,  regulation  of  the  territories,  etc.  Large 
legislative  bodies  seldom  answer  to  their  real  purpose.  The 
members  of  the  legislative  bodies  who  transact  the  national  busi- 
ness from  mere  party  views,  violate  their  constitutional  duty  and 
oath.  Party  may  help  one  to  a  seat  in  Congress,  but  when  sworn 
in  party  influence  should  cease. 

The  patronage  of  our  president  amounts,  at  a  general  estima- 
tion, to  eighty  odd  millions  of  dollars.  There  is  much  attraction 


100  THE  NATIONAL  GOVERNMENT. 

in  such  a  sum.  We  have  not  to  complain  that  matters  are  so. 
Governments  are  a  necessary  evil,  required  for  the  lawless  and 
disobedient,  or,  as  a  theologian  would  say,  are  the  result  of  sin. 
The  burden  can  only  be  relieved  by  self-government.  The  more 
of  that  the  less  of  public  business,  offices,  salaries,  taxes,  etc. 

You  see,  my  children,  why  we  have  parties,  and  will  have  them 
as  long  as  there  are  offices.  The  rotation  in  office,  promoted  by 
frequent  elections,  checks  the  tendency  to  become  hereditary,  but 
increases  party  virulence.  Factions,  by  trying  to  enforce  their 
plans  and  platforms,  implicitly  admit  that  they  are  useless  in  the 
ordinary  way  of  political  business. 

Martyrs  for^  party  purposes  are  a  nuisance  in  the  United  States, 
because  there  is  no  hinderance  to  joining  or  forming  parties  on 
principles.  If  an  inconsiderate  speaker  on  party  issues  gets 
whipped,  he  is  as  guilty  as  the  inconsiderate  whipper.  A  facti- 
tious or  rebellious  speaker  commits  a  glaring  contempt  of  law 
much  more  dangerous  to  society  than  a  mere  contempt  of  a  court. 

But  why  write  to  you,  my  children,  and  you,  my  daughters, 
especially,  on  such  things  ?  My  reasons  are,  as  you  may  suppose, 
not  to  entangle  you  in  party  affairs,  very  commonly  but  very 
wrongly  called  politics,  but  to  show  you  exactly  what  they  are, 
that  you  may  be  able,  in  exciting  times  which  grow  upon  us,  to 
converse  understandingly  on  them  and  inform  your  children  about 
them.  Further,  to  explain  to  you  what  kind  of  men  those  are 
who  make  the  regular  managers  of  parties,  often  called  politi- 
cians by  trade,  or  demagogues ;  and  to  show  what  real  difference 
there  is  between  public  and  private  life,  and  how  speculations  in 
offices  may  turn  out  to  be  visionary  and  often  ruinous  to  families. 

If  I  succeed  in  that,  I  shall  feel  myself  well  rewarded.  The 
American  women  should  be  in  public  affairs  what  the  senate  is  to 
the  president,  friendly  counsels  to  their  husbands  and  sons. 
Those  may,  in  the  end,  if  meritorious,  as  certainly  be  called  to 
offices  of  trust  as  Benjamin  Franklin,  who  never  had  anything  to 
do  with  party  on  this  account,  and  was  almost  constantly  in  the 
service  of  his  country. 


JURY  TRIALS.  101 


LETTER    XXVIII. 

National  original  Jurisdiction.  —  Appellate  Jurisdiction.  —  Sovereign  scru- 
ples. —  Jurisdiction  makes  no  Subjects.  —  Jury  Trial  of  Crimes.  —  Place  of 
Trial.  —  Abolitionists.  —  Magna  Charta.  —  Runneymede. 

THE  constitution  farther  ordains : — 

"2.  In  all  cases  affecting  ambassadors,  other  public  ministers,  and  consuls, 
and  those  in  which  a  state  shall  be  party,  the  supreme  court  shall  have  orig- 
inal jurisdiction.  In  all  the  other  cases  before  mentioned,  the  supreme  court 
shall  have  appellate  jurisdiction,  both  as  to  law  and  fact,  with  such  excep- 
tions, and  under  such  regulations  as  the  Congress  shall  make." 

This  clause  places  consuls  and  ambassadors  justly  on  the  same 
legal  footing,  and  designates  the  supreme  court  as  one  of  original 
jurisdiction,  that  is,  of  the  first  resort.  Some  say  that  this  pro- 
vision brings  the  states  within  the  sovereignty  of  the  Union,  but 
this  is  not  the  fact,  because  lawsuits  do  not  alter  stations,  they 
merely  refer  to  doubtful  obligations  or  the  right  or  wrong  of  a  case, 
and  the  bearing  of  the  laws  upon  it.  The  dubious  case  alone 
goes  to  the  decision  of  the  supreme  court  and  not  the  state  or  gov- 
ernment. The  word  sovereignty,  obsolete  with  us  and  not  occur- 
ring in  this  constitution,  irritates  unnecessarily  the  feelings  of  zeal- 
ous state-rights  champions  and  partisans,  who  make  political  cap- 
ital out  of  it.  Jurisdiction  makes  no  subjects,  but  means  only  tli£ 
authority  given  to  a  court  over  certain  civil  and  criminal  cases  in 
a  certain  district.  There  is  no  court  for  a  man  who  shuns  law- 
suits and  evil  deeds. 

"3.  The  trials  of  all  crimes,  except  in  cases  of  impeachment,  shall  be  by 
jury,  and  such  trial  shall  be  held  in  the  state  where  the  said  crimes  shall  have 
been  committed ;  but  Avhen  not  committed  within  any  state,  the  trial  shall  be 
at  such  place  or  places  as  the  Congress  may  by  law  have  directed." 

This  clause,  together  with  two  amendments,  which  you  will  find 
annexed  to  the  constitution,  but  do  not  properly  belong  to  it,  or- 
dains that  in  crimes  committed  against  the  laws  of  the  United 
States,  a  trial  by  jury  shall  take  place,  just  as  in  all  other  trials 
of  crimes  committed  against  state  laws.  This  clause  has  been  un- 
justly misapplied  by  the  abolitionists  for  party  purposes.  There 


102  THE  NATIONAL  GOVERNMENT. 

is  a  clause  in  the  constitution  to  which  I  shall  devote  a  separate 
letter  on  account  of  its  celebrity  in  the  annals  of  our  political  par- 
ties, which  ordains  that  fugitives  from  service  shall  be  delivered 
up  to  him  who  justly  claims  them.  The  Congressional  law  based 
upon  this  clause,  does  not  prescribe  an  indictment  or  trial  by  jury, 
usual  in  crimes,  but  a  simple  ministerial  or  clerical  examination 
of  the  claim,  to  prove  the  identity  of  the  claimed  fugitive  servant, 
whereupon  the  return  of  the  same  is  ordered,  or,  in  the  reverse 
case,  the  fugitive  is  free.  And  this,  the  law  commonly  called  the 
fugitive  slave  law,  very  properly  ordains  —  because  there  is  no 
crime  at  all  in  question,  but  a  mere  breach  of  an  obligation  which 
all  over  the  world  is  treated  as  a  mere  police  or  cfvil  case.  Your 
servants  do  not  commit  a  crime  when  taking  French  leave  from 
your  house.  But  the  abolitionist  party  objects  to  this  procedure, 
as  depriving  the  fugitive  from  labor  or  service  of  the  privilege  of 
the  trial  by  jury,  or,  in  other  words,  they  insist  that  such  a  fugitive 
ought  to  be  indicted  and  tried  like  a  criminal.  Even  you,  my  dear 
daughters,  will  discover  that  behind  this  partisan  manoeuvre  is 
hidden  the  intention  to  abuse  the  trial  by  jury  in  favor  of  the 
guilty  party,  the  fugitive  from  service,  so  that  of  this  trial  by  jury 
I  might  repeat  the  same  that  I  remarked  on  the  habeas  corpus 
privilege  that  it  is  apt  to  be  used  to  relieve  the  guilty  rather  than 
protect  the  innocent  according  to  law.  People  at  Runneymede, 
when  they  had  conquered  the  magna  charta  from  their  lordly 
prince,  probably  never  thought  that  the  privilege  of  jury  trial  would 
be,  as  our  abolitionists  do,  insisted  upon  in  such  instances. 

These  letters  open  a  deep  insight  into  the  administration  of  es- 
tablished justice,  the  bulwark  of  civil  liberty.  The  federal  consti- 
tution appreciates  it  well ;  her  framers  well  knew  that  state  insti- 
tutions are  useless  burdens  if  they  do  not  bring  a  prompt  admin- 
istration of  justice  according  to  law. 

But  it  seems  as  if  the  present  generation  has  lost  much  of  the 
innate  senser  of  justice.  A  restoration  of  it  can  do  no  harm. 


TREASON.  103 


LETTER    XXIX. 

Treason,  no  Attainder. — Forfeiture.  —  Kansas.  —  Utah.  —  Madness,  its  fair 
play.  —  Rebellion.  —  Vigilance  Committees.  —  Major  Andre.  —  Washing- 
ton and  his  Steward.  —  Justice. 

You  will  learn  now  what  the  constitution  says  about  treason. 

SECTION   III. 

"1.  Treason  against  the  United  States  shall  consist  only  in  levying  war 
against  them,  or  in  adhering  to  their  enemies,  giving  them  aid  and  comfort. 

"  2.  No  person  shall  be  convicted  of  treason  unless  on  the  testimony  of  two 
witnesses  to  the  same  overt  act,  or  on  confession  in  open  court. 

"  3.  The  Congress  shall  have  power  to  declare  the  punishment  of  treason, 
but  no  attainder  of  treason  shall  work  corruption  of  blood,  or  forfeiture,  ex- 
cept during  the  life  of  the  person  attainted." 

These  provisoes  are  taken  from  an  English  statute,  whose  severe 
and  barbarous  features  our  constitution  has  obliterated.  By  the 
corruption  of  blood  is  meant  the  destruction  of  all  inheritable 
qualities,  so  that  no  one  can  claim  anything  from  a  person  attainted, 
that  is,  accused,  or  through  him.  The  war  must  be  actually  levied 
to  constitute  treason.  There  never  has  been  a  person  accused  and 
convicted  of  treason  since  the  establishment  of  the  constitution, 
except  lately  in  Kansas  and  Utah.  As  we  are  situated,  enjoying 
as  we  do  the  largest  amount  of  natural  liberty  man  may  claim, 
overwhelmed  as  we  are  with  privileges  and  arrangements  securing 
freedom,  it  is  madness  to  resort  to  brute  force  in  our  Union  in  re- 
gard to  private  or  public  affairs  or  offices.  But  even  madness, 
often  the  precursor  of  destruction,  will  have,  now-a-days,  fair  play. 
It  is  party,  the  madness  of  the  many  for  the  benefit  of  the  few, 
which  only  can  be  capable  of  treason.  •  . 

Of  course,  treason  aims  a  blow  at  the  state  institution  or  govern- 
ment. Rebellion  goes  not  so  far — but  is  an  insurrection  against 
lawful  authority.  Under  this  category  comes  the  vigilance  com- 
mittee of  San  Francisco,  however  necessary  its  organization  may 
be  for  the  community.  Revolution  implies  a  radical  change  in 
the  government,  such  one  as  has  been  successfully  tried  by  the 


104  THE   NATIONAL   GOVERNMENT. 

North  American  English  colonists.  All  these  movements  are 
symptoms  of  social  diseases.  Their  main  cause  is  —  utter  neglect 
of  justice. 

Major  Andre,  of  revolutionary  memory,  was  found  guilty  of 
treason,  and  punished  by  death,  according  to  law.  When  Gen- 
eral Washington  heard  that  his  steward  at  Mount  Vernon  had 
given  relief  to  English  troops,  he  reprimanded  him,  although  he 
saved,  by  his  comforting  the  enemies  of  the  country,  the  home  of 
his  noble  master  from  devastation,  because  he  had,  in  the  eyes 
of  Washington,  acted  rather  treasonably.  Justice,  the  first  of  all 
virtues,  commands:  give  each  his  due  and  injure  none.  By  sup- 
porting the  English,  the  steward  had  injured  his  country.  So 
thought  Washington.  His  steward  thought  that  he  acted  prudent- 
ly and  according  to  circumstances,  and,  besides,  in  accordance  with 
the  religious  precept:  "love  your  enemies."  But  Washington 
held  that  justice,  according  to  law,  is  first  and  paramount.  And 
this  is  perfectly  true,  also  in  regard  to  all  mo:  al  and  religious  du- 
ties ;  because  without  justice  there  is  no  real  morality,  no  real 
chanty,  no  real  religion.  Without  it  the  practice  of  religion  is  in 
constant  peril  from  the  side  of  ignorance,  violence,  organized 
superstition,  priestcraft,  fanaticism,  etc.,  as  the  history  of  our  re- 
ligion sufficiently  proves. 

Society  in  the  United  States  has  done  well  enough  although 
governed  with  a  very  little  regard  to  established  justice.  But 
what  would  this  country  be,  if  our  states  never  had  been  default- 
ers, if  their  governments  had  administered  the  affairs  strictly  ac- 
cording to  the  constitutions,  and  set  an  example  of  prompt  justice, 
honesty,  and  fidelity  to  obligations  at  home  and  abroad,  if  all  the 
courts  were  always  the  unflinching  executors  of  the  laws  and  the 
terror  of  the  abettors  of  crimes  ?  What  startling  immorality  has 
been  produced  by  the  corruption  prevalent  in  our  legislatures ! 
how  many  families  have  lost  their  all  by  crises,  the  effects  of  wan- 
ton legislation  and  mismanagement  of  our  public  institutions ! 

My  children,  never  approve  or  join  a  party  which  has  treason- 
able tendencies  against  our  Union.  This  is  the  ardent  wish  of 
your  affectionate  father. 


MISCELLANEOUS.  105 


LETTER    XXX. 

Public  Faith.  — Natural  Rights  of  Citizens.  —  Acts.  — Records.  —  States  are 
exclusive.  —  Clanish  Nationalities.  —  Union  Sentiments.  —  Privileges  and 
Immunities  Mutual.  —  Missouri  Compromise.  —  Fugitives  from  Justice, 
their  Extradition.  —  Treaties.  —  Mutual  Control  shared  by  the  Women. — 
Sharpe's  Rifles.  —  Slip-shod  Sermons. 

WE  come  now  to  miscellaneous  matters  fncident  to  and  conse- 
quent upon  the  establishment  of  the  United  States  government. 

ARTICLE    IV. 

Miscellaneous. 

SECTION    I. 

"  1.  Full  faith  and  credit  shall  be  given  in  each  state  to  the  public  acts,  rec- 
ords, and  judicial  proceedings  of  every  other  state.  And  the  Congress  may, 
by  general  laws,  prescribe  the  manner  in  which  such  acts,  records,  and  pro- 
ceedings shall  be  proved,  and  the  effect  thereof." 

In  consequence  of  our  Union  the  several  states  have  been 
stripped  of  the  predicate  foreign.  And  this  is,  indeed,  the  only 
loss  these  districts  or  institutions  have  suffered  by  it.  It  is  one 
of  the  most  conspicuous  state-rights  to  be  exclusive,  foreign.  With- 
out our  Union,  Rhode  Island  would  be  a  foreign  country  to  Mas- 
sachusetts, and  Connecticut  to  New  York.  Our  states  have  lost 
nothing  else  by  it,  rather  gained  every  blessing  desirable  from  state 
organizations..  The  laws  and  acts  of  foreign  nations  are  not  ju- 
dicially taken  notice  of  by  other  nations,  but  must  be  proved, 
like  other  facts,  when  they  come  under  examination.  Thus,  with- 
out our  Union,  a  marriage  contract  entered  into  in  Massachusetts 
would  not  be  conclusive  in  Georgia,  and  so  vice  versa.  Our  Union 
has  equalized  and  domesticated  our  public  affairs,  they  have  thus 
acquired  the  character  of  common  family  affairs.  Our  Union  has 
done  away  with  those  dynastic,  clanish,  European  nationalities;  and 
if,  from  custom,  we  speak  and  write  in  the  European  fashion,  of  a 
north  or  south,  of  a  South  Carolinian  or  a  New-England  man, 
it  proves  that  neither  ocean,  nor  distance,  nor  nativity,  nor  time, 
nor  laws  are  able  to  destroy  easily  old  habits.  No  business  what- 

5* 


106  THE   NATIONAL   GOVERNMENT. 

ever,  not  even  bound  labor,  should  have  the  least  biasing  influ- 
ence upon  our  Union  sentiments. 

This  clause  is  calculated  to  endear  the  Union  and  strengthen 
our  Union  feelings.  We  shall  presently  meet  more  of  the  same 
noble,  generous,  and  just  nature. 

SECTION   II. 

"  1.  The  citizens  of  each  state  shall  be  entitled  to  all  privileges  and  immu- 
nities of  citizens  in  the  several  states." 

The  federal  constitution  aims  at  nothing  but  rational  liberty. 
There  is  no  liberty  without  order  established  by  certain  rules  and 
mutuality.  Liberty  without  order  is  anarchy,  as  order  and  rule 
without  liberty  is  despotism.  Where  justice  prevails,  there  is 
equality  of  rights  before  the  law. 

The  clause  before  you  expressly  sanctions  a  just,  mutual,  equal 
relation  among  the  citizens.  It  makes  the  whole  vast  realm  of  the 
United  States  one  home  for  their  citizens  ;  it  excludes  all  sectional 
preferences,  distinctions,  and  divisions ;  it  condemns  the  Mason 
and  Dixon  lines,  Missouri  compromises,  etc.  As  we  all  have  the 
same  citizen  rights,  so  we  have  the  same  obligations.  We  have 
men  in  our  society  with  monarchical  and  tyrannical  dispositions, 
just  as  there  are  republicans  in  monarchies.  This  inborn  tyran- 
nical disposition  to  enforce  our  rules  and  views  upon  others,  who 
differ  from  them  and  prefer  to  live  after  their  own,  is  curbed  by 
this  clause.  It  makes  it  impossible  that  the  United  States  can  be 
converted  into  a  "  societas  leonina." 

"  2.  A  person  charged  in  any  state  with  treason,  felony,  or  other  crime, 
who  shall  flee  from  justice  and  be  found  in  another  state,  shall,  on  demand 
of  the  executive  authority  of  the  state  from  which  he  fled,  be  delivered  up, 
to  be  removed  to  the  state  having  jurisdiction  of  the  crime." 

A  state  being  organized  for  the  main  purpose  of  realizing 
justice,  it  obviously  is  one  of  its  first  duties  to  protect  society 
against  law-breaking  men.  To  make  a  state  a  hiding-place  for 
criminals  is  a  monstrous  idea,  and  diametrically  opposed  to  its 
nature  and  purpose.  Still  the  before-mentioned  state  privilege  to 
be  foreign,  to  have  nothing  common  with  other  states,  necessarily 
makes  them  a  kind  of  asylum  for  criminals.  This  abominable 
abuse  of  the  state  institution  at  home  has  been,  at  once,  destroyed 
by  our  Union. 


MISCELLANEOUS.  107 

Among  foreign  states  treaties  are  necessary  for  this  purpose. 
In  regard  to  foreign  states  the  difficulty  consists  in  their  peculiar 
policy.  If  they  are  ruled  justly  and  do  not  stamp  acts  as  crimes 
which  are  not  such,  and  which  in  other  states  are,  perhaps,  laud- 
able deeds,  there  nobody  will  fly  from  justice,  except  real  felons 
or  criminals,  of  whom  alone  this  clause  is  treating. 

You  see,  my  dear  children,  what  our  Union  is,  and  ought  to  be. 
Political  affairs  partake  of  the  twofold  nature  of  all  things,  that 
is,  they  may  be  managed  wisely  or  foolishly.  A  strong,  irresisti- 
ble sense  of  justice,  a  manly,  unwavering  execution  of  the  laws 
as  they  are,  and  a  watchful  eye  over  our  own  conduct  and  that  of 
others,  in  regard  to  constitutions  and  laws,  will  keep  things  right. 
This  mutual  political  control  is  one  of  the  strongest  pillars  of  repub- 
lican forms  of  governments.  The  eyes  of  the  officials  can  not  be 
everywhere,  but  the  eyes  of  the  citizen  can.  Women,  also,  wield 
a  large  share  of  this  control.  Be  careful,  then,  whom  you  admit 
to  your  fireside ;  frown  upon  the  enemies  and  revilers  of  our 
Union  ;  do  not  listen  to  the  rebellious  demagogue  ;  do  not  applaud 
the  tirades  of  a  bold  partisan  by  trade ;  do  not  give  money  for 
Sharpe's  rifles,  to  be  used  instead  of  ballot-boxes ;  listen  not  to 
partisan,  slip-shod  sermons  ;  never  countenance  treason,  and  rebel- 
lion, and  crime,  under  whatever  form  and  pretext.  This  will 
help  a  good  deal  to  keep  peace,  and  settle  all  differences  in  a  just, 
honest,  constitutional  manner. 


108  THE   NATIONAL   GOVERNMENT. 


LETTER   XXXI. 

Man  Driven  to  Lying. — Imperfect  Laws. — Force  opposed  to  Law. — Fugi- 
tives from  Service  and  Labor,  their  Extradition.  — Apprentices.  —  Sailors. 

—  Bound  Laborers.  —  Claim  upon  them  for  Outlay,  to  be  respected  and 
protected  by  all  Civil  Governments.  —  Property-right  to  Labor-forces. — 
Its  Market  Price. —Property-right  of  Parents  to  the  Use  of  the  Labor- 
forces  of  their  Children.  —  Bound  Labor  is  Personal,  Serfdom  is  Glebose. 
Abolition  Agitation  is  Glebose.  —  Englishmen  and  Russians  are  Glebose.  — 
Territorial  Feudal  Rights.  —  Free  Labor-force,  increased  by  Immigration. 

—  Gradually   extending    South. —  Seigneurs.  —  Manor-born    Subjects. — 
Labor  in  Spain  and  Portugal  and  the  Southern  States. — Jamaica.  —  Few 
real  Free  Men.  —  Immense  Number  of  Laws.  —  Europeans  are  Subjects 
or  Matter.  —  Captain  Ingraham. —  Austrian  Emperor. — English  King  in 
the  War  of  1812. — English  Abolitionism  explained.  —  American  Society 
Africanized  by  Abolition  of  Slavery.  —  Duke  of    Sutherland.  —  Property 
in    Man. — Men    of    Property.  —  Loafers.  —  Hereditary    Governments. — 
France. — Subordinate  Races.  —  Difference  between  Monarchies  and  Re- 
publics. —  Industry  of  the  Southern  People.  —  Savage  Men,  their  Training 
by  Industry.  —  Manumission  of  Bound  Laborers.  —  Serfs  sold  with  Prop- 
erty, and  belong  to  it.  —  Judge  Loring.  —  Travelling  with  Bound  Servants. 

—  Africa  no  Place  for  Culturing  their  Savage  Inhabitants.  —  Not  improved 
by  the  Greeks  and  Romans. — Frenchmen.  —  Bound  Labor  is  under  Mu- 
nicipal Government.  —  A  Bound  Laborer  is  no  Citizen.  —  Territories. — 
Missouri  Line.  —  District  of.  Columbia.  —  Fanaticism  in  Law-making. — 
Party  Press. — Boston  Journal  in  favor  of  Constitutional   Monarchy. — 
Canadian  Paper  prognosticating   the  end  of  the  Union. — Nobility  after 
Abolition  of  Bound   Labor.  —  King   Bomba,  Emperors  of  France,  and 
Austria,  and  Hayti.  —  Boston  Notions. — American  Women. 

WE  come  now  to  a  clause  which  has  caused  serious  misunder- 
standings, but  without  the  least  sufficient  reason.  Man  is  not 
only  much  given  to  lying,  as  Shakespeare  has  it,  but  also  to  doing 
wrong,  without  being  naturally  inclined  to  bear  the  consequences 
of  either.  There  will  always  be  laws  which  are  not,  in  some 
respects,  what  they  ought  to  be.  Little  is  perfect  in  our  world. 
Still  in  a  society  where  man  has  all  practicable  means  and  reme- 
dies at  his  disposition,  to  express  his  opinions  about  laws,  and  to 
have  them  altered  or  repealed,  and  where  every  one  who  has  the 
right  of  voting,  virtually  has  a  share  in  law-making — in  such  a 


FUGITIVE-SLAVE   LAW.  109 

society,  I  am  going  to  say,  the  use  of  force  against  existing  laws 
and  their  executors,  is  one  of  the  most  censurable  and  contempti- 
ble acts  or  crimes  imaginable.  Such  an  act  characterizes  the 
most  dangerous  enemy  of  social  order.  This  use  of  force  has 
happened  oft  times  in  regard  to  the  congressional  law,  making  the 
following  clause  operative  : — 

"3.  No  person  held  to  service  or  labor  in  one  state,  under  the  laws  there- 
of, escaping  into  another,  shall,  in  consequence  of  any  law  or  regulation 
therein,  be  discharged  from  such  service  or  labor,  but  shall  be  delivered  up, 
on  claim  of  the  party  to  whom  such  service  or  labor  may  be  due." 

This  clause  is  the  origin  of  that  law  which  is  generally  known 
by  the  name  of  fugitive-slave  la\r.  It  is  applicable  to  all  persons 
engaged  to  service  as  apprentices,  etc.,  and  must  find  a  place  in 
a  constitution  of  a  real  confederation,  whether  there  be  a  single 
bound  laborer  within  its  limits  or  not.  If  a  sailor  engaged  to 
service  in  the  state  of  New  York  escapes  into  another  state,  he 
may  be  claimed  there,  and  ought  to  be  delivered  up.  Such  cases 
would  happen  daily  if  it  would  be  profitable  to  prosecute  them. 
However  in  regard  to  bound  laborers  such  claims  are  of  import- 
ance, because  the  party  to  whom  labor  is  due  has  bestowed  con- 
siderable expenses  upon  such  laborers,  by  raising  them,  or  remu- 
nerating others  for  those  expenses.  This  constitutes  a  great  civil 
or  judicial  difference  between  bound  and  free  labor,  so  often  lost 
sight  of  by  sentimentalists  and  fanatics.  The  raising  of  a  man, 
his  support  in  healthy  and  sick  days,  the  care  bestowed  upon  him 
to  make  him  a  useful  being,  entitles  to  a  return  or  remuneration, 
which  should,  as  a  property-right,  be  acknowledged  by  all  legisla- 
tures in  Canada  and  elsewhere,  who  aim  at  the  realization  of 
justice.  It  is  a  rightful  claim  to  the  person  raised,  upon  which 
land  has  not  the  least  influence.  This  return  is  given  by  the  use 
of  the  labor-force  of  the  servant  or  laborer,  which  to  control  and 
maintain  is  connected  with  great  difficulties  and  risk,  unknown  in 
the  employment  of  free  labor.  The  right  to  this  USE  has,  of 
course,  a  market  value.  It  is  but  witty,  or  rather  malicious,  to 
compare  a  bound  laborer  with  cattle,  because  not  his  weight, 
that  is,  muscles  or  bones,  are  in  question,  but  merely  the  use  of 
his  labor-force,  or  the  right  to  it,  which  also  determines  the  price 
of  free  labor.  When  now  the  laws  of  all  civilized  nations  ex- 
pressly acknowledge  a  property-right  of  a  parent  to  the  use  of 


110  THE   NATIONAL   GOVERNMENT. 

the  labor-forces  of  his  children,  what  is  there,  I  ask,  abnormous 
in  the  claim  of  a  man,  who,  with  or  without  the  sanction  of  state 
laws,  has  raised  and  trained  a  laborer  from  childhood  at  consid- 
erable expense  and  trouble,  to  his  labor-force,  being  besides  obliged 
to  support  him  in  all  emergencies  through  life !  Nothing  can  be 
plainer  than  that  this  claim  is  property,  which  ought  to  be  pro- 
tected by  all  governments. 

With  our  bound  labor  system,  land  or  soil,  as  mentioned,  has 
nothing  to  do,  as  little  as  land  has  to  do  with  shoemaking  and 
spinning.  It  is  a  PERSONAL  condition,  something  like  that  of  a 
child  relative  to  its  parents.  The  condition  of  the  Russian  serfs 
and  European  subjects  in  general,  depends,  however,  upon  terri- 
torial rights.  Free  soil  politics  is  an  imported  European  article 
(as  the  whole  Abolition  agitation).  If  the  Englishmen  and  Rus- 
sians, etc.,  wish  to  become  independent  and  self-governing  men, 
they  must  first  remove  these  territorial  feudal  rights ;  that  is, 
they  must  cry  for  "  free  soil."  This,  of  course,  will  bring  down 
the  royal  and  imperial  landed  crown-rights. 

Up  to  this  time  Englishmen  and  Russians  are  property,  and 
judged,  and  taxed,  and  sold  as  such  with  the  land  to  which  they 
belong.  Whole  provinces  are  accordingly  acquired  and  disposed 
of,  or  conquered,  while  the  soil  in  South  Carolina  is  just  as  free 
as  that  in  Massachusetts,  Kansas,  and  Utah.  Our  bound  laborers 
are  not  attached  to  dominions  or  soil  (glebce  adscripti)  like  the 
European  subjects  and  serfs.  Our  society  is  at  present  composed 
of  the  same  elements  as  at  the  time  when  the  constitution  was 
made.  People  in  the  northern  region,  abundantly  supplied  with 
labor-force  by  immigration,  found  the  risk  of  bound  labor  too 
great,  and  therefore  sold  their  interest  in  it  to  the  South.  The 
same  wifl  happen  under  similar  circumstances  again  and  every- 
where. Slavery  is  transient,  liberty  permanent.  The  free-soil 
talk  can  in  a  sensible  American,  who  knows  the  difference  be- 
tween his  country  and  Europe,  only  excite  ridicule ;  for  a  little 
thinking  must  convince  him  that  our  bound  labor  is  a  mere  per- 
sonal condition  or  obligation  recognized  by  State  laws. 

This  is  the  reason  why  our  bound  labor  system  has,  if  well 
managed,  not  that  deteriorating  influence  upon  the  culture  of  the 
land,  as  the  European  territorial  subject  and  serf  system.  This 
is  the  reason  why  Russia  begins  in  the  thickly-settled,  best-culti 


FUGITIVE  SLAVE  LAW.  Ill 

vated  provinces,  to  abolish  serfdom.  It  is  profitless  there.  A 
European  seigneur  must  see  how  he  can  get  along  with  his  manor- 
born  subjects — the  American  master  is  at  liberty  to  improve  or 
dispose  of  his  bound  laborers  as  he  pleases.  The  labor  of  our 
four  million  slaves  is  more  profitable  to  society  at  large  than  the 
free  labor  of  ten  million  people  in  Spain  and  Portugal.  The 
world  can  go  along  without  the  latter  very  well,  but  can  not  exist 
conveniently  without  our  cotton. 

Good  governments  adjust  accurately  the  laws  to  the  actual 
exigencies  and  conditions  of  society,  while  bad  governments 
supplant  their  visions  and  schemes,  and  let  slide  these  conditions, 
and  ruin  society — vide  Jamaica. 

There  are  still  very  few  real  free  men  in  our  northern  states, 
as  is  proved  by  the  immense  number  of  laws,  lawyers,  judges, 
legislators,  etc. — for  these  are  not  required  by  real  free  men,  as 
St.  Paul  says.  There  are  still  fewer  such  men  in  Europe,  as  the 
general  state  of  subjection  and  bondage  there  proves.  Almost 
all  Europeans  are  subject,  or  matter,  possessed  by  princes  ac- 
cording to  the  laws  of  inheritance.  Capt.  Ingraham  rescued  a 
man  from  the  grasp  of  his  imperial  owner,  who  will  resign  his 
property-rights  as  unwillingly  as  the  English  king  did  to  the  cap- 
tured naturalized  British-Americans  in  1812,  claiming  that  they 
never  had  ceased  to  be  his  property.  Rights  by  inheritance  are 
property-rights — nothing  else.  The  British  government  and  the 
subjects,  dukes  and  counts  included,  partake  thus  of  the  character 
of  matter. 

These  peculiar  conditions  of  society  in  England  explain  why 
the  English  government  is  at  present,  in  favor  of  slave  abolition, 
since  by  this  process  it  changes  men  into  landed  feudal  crown- 
property,  who  priorly  were  the  personal  property  of  masters,  and 
why,  the  queen,  the  lords,  dukes,  and  the  whole  aristocracy,  seem 
to  favor  this  change,  because  all  the  privileged  classes  remain  there 
as  before,  elevated  and  distanced  from  the  new  low  crown-subjects. 
But  let  us  see  how  such  a  change  would  operate  with  us.  Our 
society  differs  in  this  regard  entirely  from  that  in  Europe.  When, 
with  us,  bound  labor  is  abolished  in  the  true  sense  of  this  word,  all 
subjection  is  at  an  end ;  the  freed  bound  servants  stand  upon  the 
same  platform  with  their  prior  masters ;  they  acquire  all  political 
rights,  and  there  being,  in  a  great  many  districts,  more  slaves  than 


112  THE   NATIONAL   GOVERNMENT. 

masters,  the  latter  would  be,  with  their  families,  in  the  minority, 
and,  of  course,  ruled  by  the  majority,  the  liberated  Africans.  Thus, 
by  abolition,  society  in  the  slave  states  would  be  Africanized. 

What  do  you  think  of  such  a  society,  my  children  ? 

Would  you  like  to  live  in  a  town,  ruled  by  Africans,  or  per 
chance,  by  Chinese  ?  Do  you  believe  that  the  Duke  of  Suther- 
land with  his  lady  would  ?  I  for  one  never  could  believe  it. 

There  is  much  confusion  of  notions  abroad  about  that  what  is 
called  property  in  man.  What  I  write  in  general  on  social  affairs 
I  take  from  nature  and  not  from  fancy  and  theories.  The  federal 
constitution,  too,  is  organizing  society  as  it  naturally  is.  Society 
rests  upon  the  idea  of  property.  The  child  is  the  property  of  his 
parents,  the  father  calls  its  mother  his  own,  the  wife  claims  her 
husband  as  her  own.  When  sons  and  daughters  break  loose  from 
the  family  they  seek  a  new  home,  longing  for  the  possession  of 
beloved  hearts  and  persons,  also  animals  and  vegetables  exist  by 
appropriating  without  ceremony  what  they  need  for  their  subsis- 
tence. Each  must  and  will  possess  something.  Industry  is  pro- 
ducing, man  is  accumulating  by  force  of  the  desire  to  possess.  A 
man  of  property  is  something,  a  loafer  nothing.  The  patriarchal 
times  are  praised  as  the  happiest,  they  were  the  period  of  full 
property  in  man.  Who  got  disappointed  in  the  possession  of  a 
wife  or  husband  was  an  object  of  pity  or  ridicule.  Most  men  pre- 
fer to  be  possessed  by  their  governments  (hereditary  monarchs) 
to  make  them  more  stable  and  conservative.  Look  at  France. 
Subordinate  races  submit  without  murmur  to  the  dominion  of 
superior  races.  Travellers  report  from  Liberia  that  the  emigrants 
fresh  from  the  slave  states  are  useful  citizens,  while  free  colored 
men  from  the  free  states  are  loafers.  The  possession  of  man  is 
no  slavery  or  barbarism,  but  the  abuse  of  this  possession.  The 
father  who  claims  his  child  as  his  property  is  no  tyrant,  but  who 
maltreats  it  is.  It  is  the  same  with  a  bound  laborer.  If  treated 
right  by  a  superior-raced  man,  this  relation  will  make  happy  men. 
The  main  difference  between  monarchies  and  republics  is  that 
society  or  families  cease  to  be  possessed  by  the  latter  governments. 

It  is  impossible  that  society  in  our  southern  states  can  exist  in 
a  state  of  civilization,  that  is,  enjoyment  of  civil  liberty,  or  real 
citizen  rights,  without  keeping  the  Africans  subject.  There  would 
be  an  end  of  social  order  and  of  subsistence  by  abolition.  The 


FUGITIVE   SLAVE  LAW.  113 

industry  which  supports  society  there,  and  contributes  so  much  to 
the  comfort  and  wealth  of  the  world,  would  collapse  at  once  ;  cot- 
ton, rice,  sugar,  tobacco,  and  other  products  of  the  southern 
climates,  would  disappear  almost  entirely  from  the  market.  Never 
have  Africans  in  mass  been  better  treated  by  any  nation  than  lay 
the  Americans. 

Again,  my  dear  children,  men  and  republics  are  more  the  work 
of  circumstances  than  of  philosophical  systems,  constitutions,  and 
laws.  The  circumstances  here  in  question  are  —  first,  savage- 
ness  and  slavery  in  Africa ;  secondly,  domestication,  the  first  step 
to  tlie  culture  of  Africans  in  America ;  thirdly,  their  gradual 
liberation,  and,  perhaps,  reshipment  to  Liberia,  etc.  There  is 
more  providence  in  these  circumstances  for  schooling  and  training 
savage  men  than  party  politicians  are  willing  to  admit.  Of  course, 
no  one  will  believe  that  bound  labor  will  exist  a  single  day  longer 
than  it  is  required  and  profitable,  just  as  free  labor  is  never  em- 
ployed one  minute  longer  than  it  is  profitable  and  needed.  To 
control  all  these  circumstances  is  the  business  of  those  who  are  sur- 
rounded by  them,  and  of  nobody  else. 

The  personal  character  of  our  bound  labor  system  has  many 
qualities  which  make  it  preferable  to  the  European  subject  and 
serf  system.  First,  it  allows  an  easy  combination  with  free  labor. 
There  are  250,000  free  colored  laborers  in  the  southern  states, 
according  to  the  census.  Secondly,  it  facilitates  manumission. 
About  4.000  bound  laborers  are  without  interference  of  states  an- 
nually emancipated  in  our  country.  They  now  .begin  to  spread 
civilization  in  Africa.  Thirdly,  our  bound  laborers  may  be  easily 
transplanted  to  regions  mere  apt  to  their  labor,  and  improved  by 
travelling.  The  tampering  with  bound  laborers,  when  travelling 
with  their  masters  abroad,  by  busy-bodies,  has  cut  off  this  source 
of  labor-culture,  to  the  great  disadvantage  of  the  bound  laborer.  A 
real  abolitionist  should  cheerfully  open  his  house,  and  city,  and  state 
to  the  masters  with  their  bound  laborers,  to  give  the  latter  a  better 
chance  than  that  at  home  of  comparing  their  situation  with  that  of 
free  servants  and  laborers.  But  it  is  in  vain  to  expect  such  just 
and  generous  dealing  with  bound  laborers  from  the  side  of  English 
"  pecora  imitationis"  in  Boston  and  elsewhere.  Nothing  would 
promote  more  voluntary  manumission  than  a  fraternal,  upright, 
gentleman-like  intercourse  between  our  fellow-citizens  North  and 


114  THE  NATIONAL  GOVERNMENT. 

South,  and  a  stoppage  of  that  clumsy  English  abolition  and  free- 
soil  party  movement  whose  greatest  triumph  consists  in  robbery, 
by  seducing  a  bound  servant  to  become  faithless  to  his  master. 

Migration  of  bound  laborers  from  place  to  place,  or  state  to 
state,  does  not  increase  the  number  of  slaves,  of  course.  Slavery 
is  a  product  of  circumstances,  just  as  liberty.  Abstract  notions 
never  make  a  man  free.  Our  world  exhibits  a  social  "  tableau" 
of  slaves,  serfs,  subjects,  and  a  very,  very  few  free  men,  compara- 
tively. The  policy  of  prohibiting,  instead  of  regulating  the  impor- 
tation of  slaves  or  savage  Africans  to  Europe  or  America,  for  do- 
mestication, is  from  a  mundane  view,  still  debatable.*  Without 
transplanting  these  Africans  to  America  or  Europe  and  domesti- 
cating them,  no  culture  will  ever  take  hold  on  them.  Neither 
Greek  nor  Roman  local  influence  has  altered  Africa.  I  have  not 
the  least  faith  in  the  humanitarian  efforts  and  successes  of  the 
French  corporals  and  generals  on  this  terrain.  In  the  United 
States  begins  a  new  African  history  —  that  of  African  industry. 
Asia  has  been  slave  before,  and  remains  slave  after  the  introduc- 

*  The  following  passage  is  from  the  London  Times,  of  July,  1858.  This 
letter  was  written  1856  : — 

"All  this  time,  on  the  pretence  of  preventing  the  passage  of  slaves,  we  are 
actually  preventing  that  free  passage  which  undoubtedly  would  arise  but  for 
our  interference,  and  which  is  the  very  thing  wanted  both  for  Africa  and  the 
West  Indies.  The  best  thing  that  could  happen  would  be  a  spontaneous, 
though  encouraged,  assisted,  and  regulated  emigration  of  negroes  from  Africa 
to  the  fields  of  labor  and  enterprise  on  the  opposite  shore.  The  African 
would  go  across,  learn  to  work,  live  as  well,  save  money,  and  return  a 
wealthy  and  comparatively  civilized  man,  and  would  become  the  means  of 
civilizing  his  countrymen  at  home.  He  would  bring  back  to  Africa  not  only 
the  money,  but  the  industry  and  arts  of  his  employers ;  and  he  would  retain 
at  home  the  new  wants  he  had  acquired  in  his  period  of  service.  The  bene- 
fits of  the  West  Indies  are  too  obvious  to  enlarge  upon,  and  all  we  have  to 
observe  is,  that  we  don't  think  our  countrymen  and  our  possessions  in  that 
part  of  the  world  utterly  undeserving  of  consideration. 

"  What  we  have  described  may  not  be  a  lofty  principle,  but  it  is  something 
better  and  safer ;  it  is  the  right  course  of  nature,  and  the  way  in  which  man- 
kind has  hitherto  been  civilized.  But  it  is  prevented  by  the  effort  to  which 
national  pride  has  now  committed  us.  We  interpose  our  wooden  walls  be- 
tween the  vast  reservoir  of  African  labor  and  the  channels  of  industry  and 
civilization  into  which  it  is  ready  to  run.  Of  course  we  are  prepared  to  find 
any  number  of  English  politicians  ready  to  maintain  this  or  any  other  na- 
tional hypocrisy.  Such  diseases  must  run  their  course,  even  if  the  climax 
should  happen  to  be  a  severe  one." 


FUGITIVE  SLAVE  LAW.  115 

tion  of  Christianity.  Europe  has  done  with  African  slaves,  but 
not  with  serfs  and  subjects,  and  never  will  do  without  them,  as 
long  as  the  present  social  institutions  and  conditions  remain  as 
they  are.  It  will  take  a  long  time  before  our  southern  states, 
Middle  Central  America,  and  Brazil  can  do  without  bound  labor- 
ers. Philanthropists  never  will  alter  this  without  causing  general 
social  confusion  and  ruin.  The  unprejudiced  begin  to  open  their 
eyes.  In  a  few  generations  African  bound  laborers  will  be  im- 
ported to  Europe. 

Who  has  eyes  to  see  must  perceive  that  from  sheer  want  of 
those  labor-forces  the  works  of  the  old  Spaniards  in  Central  and 
South  America  crumble  now  to  pieces,  and  Jamaica  and  Hayti 
are  laid  waste. 

With  us  labor  is  wealth.  Our  renowned  smartness  consists 
mostly  in  the  excellent  use  we  make  of  all  kinds  of  labor-forces. 
The  possibility  of  starting  a  sjavery  party  in  Massachusetts,  where 
there  are  no  slaves,  and  of  a  free-soil  party  in  a  country  where 
land  is  as  free  as  the  air,  betrays  the  foreign  and  spurious  origin 
of  these  parties  —  further,  a  great  weakness  and  sickly  impulsive- 
ness in  our  character,  and  an  unripeness  in  our  judgment,  which 
our  national  enemies  know  very  well  how  to  use  to  our  immense 
disadvantage. 

But,  when  shall  bound  labor  cease  ?  I  answer :  In  due  course 
of  time.  This  apparently  knotty  question  is  easily  solved  by  the 
causes  which  made  it  necessary.  Once  Time  required  it  in 
America,  Time  requires  it  still  in  some  parts,  Time  will  abolish 
it,  whether  in  one  hundred  or  one  thousand  years  must  not  in  the 
least  concern  lawmakers.  There  is  too  much  slavery  and  bond- 
age abroad  for  good  old  Father  Time  to  abolish.  Think  only  of 
the  bondage  of  superstition,  of  political  party,  of  mammon,  of  lib- 
ertinism, of  intemperance,  of  false  sciences,  of  thousands  of  vices 
and  ignorances,  all  to  be  removed  by  good  old  Father  Time ! 
Think  only  how  few  know  what  is  the  right  measure  in  eating 
and  drinking,  not  to  say  a  word  about  talking  and  writing  !  Wh^, 
therefore,  be  in  a  hurry  in  Boston  with  the  abolition  of  slavery  in 
Louisiana,  while  people  in  New  Orleans  complacently  wait  until 
Time  has  taught  people  in  Boston  and  elsewhere  the  correct  mea- 
sure in  eating,  loving,  writing,  talking,  preaching,  and  to  respect 
and  obey  faithfully  constitutions  and  laws  made  by  and  with  the 


116  THE   NATIONAL   GOVERNMENT. 

consent  of  their  own  representatives  in  Congress  and  state  —  those 
referring  to  the  duties  of  the  judiciary  too !  The  treatment  of 
Judge  Loring  at  the  hand  of  the  government  of  Massachusetts  is 
a  greater  stain  on  our  national  honor  than  African  bound  labor ;  for 
this  is  not  of  our  own  making,  as  is  our  federal  constitution  and  its 
judiciary,  but  of  British  inheritance,  as  every  person  a  little  versed 
in  history  knows. 

Keep,  then,  my  children,  in  all  questions  concerning  laborers, 
strictly  in  view,  that  our  national  government  has  not  the  least 
power  to  legislate  on  this  labor  any  more  than  on  free  labor.  A 
bound  laborer,  in  a  state  or  territory,  is,  as  such,  subject  to  the 
municipal  laws  of  the  state  or  territory.  A  bound  laborer  is  no 
national  man,  no  national  property,  no  subject,  no  citizen,  but  a 
domesticated  man,  belonging  to  his  master,  like  a  child  to  his 
parents,  or  a  wife  to  her  husband  and  vice  versa.  The  presi- 
dential party-dispute  of  1856,  would  and  could  not  exist,  if  all 
those  belonging  to  the  free-soil  or  abolition  party  would  but  read 
the  constitution  correctly  and  understood  it  well.  If  a  bound 
laborer  is  not  a  national  political  subject,  Congress,  as  the  national 
government,  has  no  concern  with  it,  neither  in  states  nor  territo- 
ries. It  has  the  power  to  organize  or  regulate  a  territory,  but 
not  to  legislate  on  the  domestic  affairs  and  laborers,  ot  waiters,  or 
chambermaids,  or  mechanics,  or  churches,  or  other  municipal  sub- 
jects. It  is  one  of  my  principal  objects  in  these  letters  to  show 
that  the  federal  constitution  has  not  the  least  concern  in  the  main- 
tenance or  abolition  of  bound  labor ;  that  Congress  has  not  and 
never  had  the  least  power  to  legislate  on  it  or  to  make  Missouri 
lines  or  compromises ;  that  neither  the  president,  nor  the  United 
States  court,  has  the  least  official  influence  in  the  matter ;  that 
petitions  to  Congress  for  the  abolition  of  slavery,  except  from 
masters  in  the  District  of  Columbia,  are  entirely  out  of  place ; 
that  a  Congressional  election  issue  or  platform  on  the  ground  of 
slavery  or  free  soil  is  a  spurious  mockery  of  politicians  by  trade 
deserving  a  stern  rebuke  by  the  people. 

I  frankly  consider  the  prohibition  of  bound  labor  in  the  north- 
ern state  constitutions  as  injudicious,  uncivil,  and  entirely  super- 
fluous in  our  Union,  and  indeed,  against  the  best  interests  of  the 
bound  laborers,  as  I  have  noticed  before.  Fanaticism  in  law- 
making  is  a  terrible  curse  to  society.  It  has  become  fashionable, 


FUGITIVE   SLAVE  LAW.  117 

of  late,  in  Congress  and  state.  Unprincipled  daily  papers  have 
much  to  answer  for  it.  Our  public  men,  even  of  some  note,  betray 
a  deplorable  wilfulness  in  these  things. 

Although  I  never  feel  alarmed  by  the  utterances  of  strict  party 
papers,  whatever  may  be  their  tenor  in  regard  to  our  political  sys- 
tem, still  it  is  prudent  to  notice  them  as  signs  of  the  times. 

Please,  my  dear  children,  compare  the  following  extract  from 
the  Boston  Journal,  a  leading  abolition  or  free-soil  paper,  with 
what  I  have  just  said  of  the  peculiar  character  of  this  party.  It 
reads  thus : — 

"  We  are  decidedly  of  opinion  that  monarchy  —  hereditary 
monarchy  —  is  by  far  the  best  form  of  government  that  human 
wisdom  has  yet  devised  for  the  administration  of  considerable  na- 
tions, and  that  it  will  always  continue  to  be  the  most  perfect  which 
human  virtue  will  admit  of." 

A  Canadian  paper  of  the  same  stamp  says :  "  The  United 
States  has  about  run  its  race  as  a  republic.  Its  democracy  is 
ripening  into  anarchy,  the  fruits  of  which  will  inevitably  be  des- 
potism of  some  sort  or  other." 

To  carry  out  an  abolition  scheme,  a  monarchy  for  the  southern 
states  is  inevitable.  If  the  negroes  shall  be  free  citizens  their 
masters  must  become  heavily-privileged  barons,  counts,  dukes, 
lords,  and  the  like.  In  this,  the  opinion  of  the  Boston  journal 
is  decidedly  right.  And  to  come  to  that,  we  want  first  anarchy, 
mentioned  in  the  Canadian  paper,  rebellion  against  the  existing 
laws,  removing  of  the  landmarks.  To  this  abolitionism  and  free- 
soilism  lead.  You  see  how  these  kinds  of  "republicans"  are 
making  common  cause  with  the  dukes,  queens,  kings,  and  em- 
perors in  Europe.  No  better  monarchists  exist  in  Prussia,  Aus- 
tria, and  England,  than  those  "  republicans." 

What  kind  of  a  monarchy  the  Boston  journal  will  establish  for 
our  administration,  whether  after  the  famous  models  of  King 
Bomba,  or  Emperor  Francis  Joseph,  after  the  fashion  of  the 
Spanish  or  English  queen,  or  after  the  whims  of  their  majesties 
Soulouque,  or  Napoleon  III.,  is  irrevalent,  since  we  have  already 
in  our  political  system  all  that  is  good  in  a  monarchical  govern- 
ment—  viz:  one  head  as  executive,  and  all  that  is  good  in  a  re- 
publican government,  viz :  the  representative  form  blended  with 
the  democratic,  surrounded  by  the  necessary  checks.  Still  all 


118  THE  NATIONAL   GOVERNMENT. 

forms  of  governments  are,  of  course,  useless,  if  the  laws  are  not 
executed  with  a  good  will.  The  first  thing  in  most  monarchical 
countries,  that  would  happen  with  the  Boston  journal,  if  speaking 
there  in  favor  of  the  republic,  as  it  speaks  in  our  republic  in  favor 
of  the  monarchy,  is  —  suppression,  closely  followed  up  by  perse- 
cution of  the  editors,  printers,  publishers,  and  all  in  the  concern. 

But  let  us  turn  away  from  such  Boston  notions.  You  have  al- 
ready experience  enough  in  housekeeping  to  know  that  good 
masters  make  good  servants.  The  exemplary  good  order,  prev- 
alent in  the  regions  where  our  four  millions  of  African  slaves  are 
held,  obviously  proves  that  they  are  well  managed.  The  men,  fel- 
low-citizens of  ours,  who  are  doing  this  work,  which  is  not  an 
easy  one,  deserve  our  thanks  and  that  of  mankind.  And  all  we,  as 
their  countrymen,  under  the  shelter  of  the  same  constitution,  have 
to  do  is,  to  let  them  alone,  and  not  interfere  with  their  own  affairs, 
nor  deprive  them  of  their  share  of  the  common'  privileges  of 
every  citizen  in  the  Union.  This  is  but  fair  and  just.  The 
sensible  and  generous  American  women  have  an  immense  influ- 
ence upon  these  things,  for  they  are  the  managers  of  the  domes- 
tic affairs  everywhere. 


LETTER    XXXII. 

Annexation  of  Texas.  — Portentous  in  regard  to  the  Union.  — New  States.  — 
Their  Admission  into  the  Union.  —  Territory.  —  Land  Surveying.  —  Indian 
Territory.  —  Indian  Agents.  —  Indemnification.  —  Selling  of  Land.  —  Cul- 
ture of  Indians  impossible  in  their  own  Country.  —  Acquisition  of  Foreign 
Country.  —  Florida,  —  Louisiana.  —  Mexico.  —  Division  of  States. —  Over- 
grown Municipal  States,  as  New  York,  Ohio,  Pennsylvania.  —  Mutual 
Control  and  Power  of  Self-government  lost  therein.  —  France.  —  Monar- 
chies with  blended  National  and  Municipal  Business.  —  increase  of  Free 
States  compared  with  that  of  Slave  States. 

I  SHOULD,  perhaps,  close  my  letters  with  number  thirty-one, 
because  I  hardly  believe  that  I  shall  be  able  to  rivet  your  atten- 
tion longer  upon  the  constitution,  after  we  have  done  with  the 
fugitive  slave  law,  which  is  common  ground  for  writers  and  readers 
of  both  sexes.  Still,  I  hope  you  will  listen  a  little  longer,  as  we 


NEW   STATES.  119 

come  now  to  the  annexation  business,  which,  at  the  time,  at  least, 
when  Texas  was  admitted  into  the  Union,  caused  so  much  univer- 
sal anxiety  —  such  a  sea  of  alarming  prophecies  about  the  down- 
fall of  our  political  fabric,  that  it  is  indeed  a  real  miracle  how  the 
Union  could  survive  this  crisis.  And  behold,  there  it  stands  still, 
upon  a  broader  and,  I  say,  surer  foundation  than  ever,  provided 
American  women  will — what?  —  turn  not  European  with  the 
abolitionists  and  free-soilers.  Read  on,  then,  a  little  longer  in 
patience. 

SECTION    III. 

"  1.  New  states  may  be  admitted  by  the  Congress  into  this  Union,  but  no 
new  states  shall  be  formed  or  erected  within  the  jurisdiction  of  any  other 
state,  or  any  state  be  formed  by  the  junction  of  two  or  more  states,  or  parts 
of  states,  without  the  consent  of  the  legislatures  of  the  states  concerned,  as 
well  as  of  the  Congress." 

This  section  is  a  new  political  social  feature — a  riovus  or  do 
seculorum, 

The  rule  is  that  a  colony,  settled  upon  an  adjacent  territory 
belonging  to  the  United  States,  when  she  has  reached  a  popu- 
lation of  sixty  thousand  inhabitants,  which  entitles  it  to  two 
senators,  shall  be  admitted  into -the  Union.  As  Congress  has 
alone  the  power  to  transact  business  with  foreign  governments 
and  the  Indians,  and  as  the  acquisition  of  new  wild  lands  or  terri- 
tory is  made  by  the  Union  and  for  the  same,  so  to  the  Congress 
necessarily  belongs  the  whole  disposition  and  regulation  of  the 
territorial  affairs,  from  a  national  view.  Therefore  Congress  has 
originated  a  land  surveying  and  selling  system,  embracing  the 
acquisition  of  the  lands  from  the  Indians,  or  adjacent  governments, 
their  indemnification,  superintending,  establishing  of  land-offices, 
Indian  agents,  bestowing  titles  to  settlers,  appointing  governors, 
judges,  and  the  necessary  civil  officers. 

Congress  has  also  tried  to  promote  the  culture  of  the  Indians. 
Still,  the  official  reports  prove  that  little  good  has  been  promoted. 
The  annuities  paid  to  them  in  money  and  certain  goods  have  pro- 
duced but  vice  and  laziness.  Tribe  after  tribe  dies  off.  The 
whole  number  of  the  Indians  in  the  United  States  territories  is 
little  over  three  hundred  thousand,  at  present.  The  twelve  nations 
alone  once  numbered  as  much.  This  lesson  proves  what  happens 
if  governments  meddle  with  the  industry  and  culture  (education 


120  THE   NATIONAL   GOVERNMENT. 

and  instruction)  of  society.  If  a  similar  plan  should  be  adopted 
with  the  Africans  their  fate  would  be  like  that  of  the  red-skins  — 
destruction.  The  Indians  can  be  as  little  cultivated  at  home  as 
the  Africans.  They  should  have  been  for  this  purpose  trans- 
ported to  Europe,  just  as  the  Africans  had  on  this  account  to  be 
brought  to  America.  Without  domestication  abroad  no  savage 
ever  will  improve. 

The  constitution  contains  no  prohibition  of  the  acquisition  of 
foreign  territory,  as  happened  with  Florida,  Louisiana,  New 
Mexico ;  and  this  makes  the  utmost  caution  of  Congress  impera- 
tive not  to  transgress  in  this  regard  its  powers.  It  should,  as  far 
as  possible,  always  be  done  with  the  consent  of  the  population  in 
question ;  for  we  annex  not  the  land,  but  men.  Men,  not  acres, 
form  the  Union ;  men,  not  rocks,  establish  states ;  and  these  are 
made  for  men,  and  not  for  mountains  and  vales.  It  is  but  right 
that  no  state  should  be  arbitrarily  divided,  since  a  state  is  a  social 
institution,  based  upon  a  convention  or  compact,  embodied  in  a 
written  constitution  and  represented  by  a  government.  This, 
then,  must  be  the  organ  by  means  of  which  a  dismemberment  of 
such  an  institution  must  be  made.  Any  other  procedure  would 
be  improper,  arbitrary,  and  revolutionary. 

The  necessity  of  dividing  states,  with  a  fast-increasing  popula- 
tion, will  soon  be  felt,  not  only  because  municipal  states  containing 
more  than  about  one  million  inhabitants  are  generally  badly 
governed  —  it  being  then  almost  impossible  to  exercise  the  politi- 
cal mutual  control  of  which  I  wrote  in  a  prior  letter — but  also 
because  such  states  acquire,  in  consequence  of  party  organiza- 
tions, too  powerful  an  influence  upon  the  national  affairs.  I  refer 
in  this  regard  to  the  list  of  electoral  votes  elsewhere.  The  state 
of  New  York  commands  in  Congress  as  many  votes  as  eight 
smaller  states  taken  together. 

This  produces  an  undue  preponderance  in  the  national  councils. 
Moreover,  in  the  population  of  a  state  of  about  three  millions  of 
inhabitants  the  sentiment  or  feelings  of  nationality  begin  to  be- 
come conscious  and  substance.  This  consciousness  steeled  the 
arms  of  the  American  colonists  in  their  struggle  for  freedom  and 
self-government.  It  will  cause  trouble  in  our  Union.  Factionists 
and  intriguers  will  use  it  for  selfish  purposes. 

There  is  a  certain  measure  based  upon  the  natural  laws  of 


NEW   STATES.  121 

society  for  municipal  and  national  state  districts  and  organizations. 
This  is  a  most  important  subject  for  the  consideration  of  states- 
men, debating  societies,  and  patriotic  citizens  in  general.  The 
population  in  the  states  of  New  York,  Ohio,  and  Pennsylvania 
has  reached  that  number  which  renders  a  good  republican  muni- 
cipal government  more  and  more  impracticable.  History  proves 
that  the  power  of  self-government  is  lost  in  states  of  too  great 
a  population.  France,  with  thirty-five  millions  of  inhabitants 
never  will  be  a  republic  for  a  longer  time  than  it  requires  to  pull 
down  the  throne  in  Paris.  She  should  be  first  divided  into  at 
least  thirty-five  state  districts,  for  the  municipal  political  business, 
with  a  central  federal  government  like  ours,  for  the  national  busi- 
ness, to  become  a  stable  republic.  In  a  monarchy  the  municipal 
and  national  business  is  blended  and  centralized.  It  would  be  con- 
stantly thrown  into  confusion  if  not  supported  by  a  powerful 
soldiery,  rich  hereditary  aristocracy,  a  hereditary  dynasty,  a 
wealthy  state  church,  aud  more  such  props,  against  which,  if  well 
combined,  a  discontented  or  oppressed  people  can  not  do  much. 
But  as  soon  as  these  artificial  props  give  way,  and  especially  the 
army  turns  traitor,  the  crown  rolls  into  the  street,  where  it  is  a 
plaything  of  the  mobs.  If  you  understand  the  federal  constitution 
well  you  will  better  understand  the  history  of  bygone  states,  em- 
pires, and  republics,  especially  those  of  France.  From  this  his- 
tory the  noble  framers  of  the  constitution  learned  more  than 
the  Napoleons,  Bourbons,  and  those  who  made  constitutions  after 
them. 

This  clause,  I  say,  is  without  precedent,  and  the  mother  of 
nineteen  new  states,  peopled  by  those  whom  it  pleased  to  seek  a 
shelter  in  this  Union.  What  a  beautiful  social  phenomenon ; 
what  a  picture  of  human  progress ;  what  a  triumph  achieved  by 
that  simple  honest  common  sense  which  has  founded  our  Union  ! 

Still,  this  exceedingly  wise  proviso,  if  not  wisely  executed  with 
regard  to  the  population,  which  naturally  accumulates  in  favored 
localities,  will,  I  repeat  it,  in  the  course  of  time  produce  trouble. 
Each  proviso  of  a  constitution  is  subject  to  abuse,  as  all  other 
things  in  this  world. 

Remark  here  that  when  the  federal  constitution  was  framed 
every  state  tolerated  slavery.  Since  that  time  two,  only  two  states 
have  been  added  sanctioning  slavery,  so  that  there  are  at  present 

6 


122  THE   NATIONAL   GOVERNMENT. 

fifteen  slave  states,  all  counted,  while  there  have  sprung  up  seven- 
teen free  states  at  the  time  (1858)  of  writing  this  letter.  This 
shows  what  course  we  take  under  our  constitution.  Our  march 
is  toward  freedom  on  the  path  of  justice  and  order. 


LETTER    XXXIII. 

Territories.  —  Their  Disposal  and  Regulation.  —  Three  Periods.  —  Indian 
Policy.  —  Territorial  Policy.  —  State  Policy.  —  Kansas  Nebraska  Act.  — 
Missouri  Compromise  not  Constitutional. — Dred  Scott  Case. 

THE  following  clause  refers  to  the  land  belonging  to  the  United 
States : — 

"  2.  The  Congress  shall  have  power  to  dispose  of  and  make  all  needful 
rules  and  regulations  respecting  the  territory,  and  other  property  belonging 
to  the  United  States,  and  nothing  in  this  constitution  shall  be  so  construed 
as  to  prejudice  any  claims  of  the  United  States,  or  of  any  particular  state." 

Some  say  that  this  proviso  should  be  restricted  to  the  territory 
of  the  United  States  at  the  time  of  the  establishing  of  the  consti- 
tution, but  I  see  not  for  what  practical  use,  since  the  nature  of  the 
case  requires  a  discretional  power.  Increase  of  territory  was 
foreseen  by  the  framers  of  the  constitution. 

In  regard  to  government,  society  in  the  United  States  goes 
through  three  periods.  The  first  is  entire  dependency  of  thinly? 
settled  regions  upon  Congress,  without  any  state-like  organization 
of  their  own ;  it  is  called  the  period  of  the  Indian  policy.  The 
second  is  the  period  of  territorial  organization,  lasting  until  the 
population  is  large  enough  to  be  entitled  to  state  representation  in 
Congress.  During  this  period  the  people  make  their  own  laws,  but 
the  executive  and  judiciary  are  appointed  and  paid  by  Congress. 
The  third  period  begins  when  a  territory  is  admitted  into  the 
Union,  on  the  ground  of  a  republican  constitution,  as  an  independ- 
ent state.  This  once  done,  the  state  is  an  indissoluble  part  of  the 
Union,  except  Congress  should  see  fit  to  exclude  it  on  constitu- 
tional grounds,  as  by  adopting  a  monarchical  constitution.  If 
people,  as  the  Mormon  sect,  should  abuse  their  territorial  rights, 
Congress  may  deprive  them  of  such,  and  place  them  back  under 
a  government  entirely  depending  upon  Congress. 


TERRITORIES.  123 

This  clause  has  gained  of  late  undeservedly  much  interest  in 
consequence  of  the  change  produced  by  the  act  of  Congress  con- 
cerning the  organization  of  the  territories  of  Kansas  and  Ne- 
braska. Up  to  the  34th  Congress,  by  a  law  of  Congress  of  1820, 
it  was  declared  that  in  all  the  territory  north  of  lat.  36°  30X  not 
included  within  the  limits  of  Missouri,  slavery  and  involuntary 
servitude  should  for  ever  be  prohibited.  By  this  act  Congress 
was  involved  in  the  slavery  question,  which,  however,  as  a  mere 
municipal  business  does  not  belong  to  its  business  sphere.  To 
terminate  the  eternal,  angry  debates  about  this  subject  in  Con- 
gress, it  saw  fit  to  abrogate  in  the  bill  just  mentioned  this  geo- 
graphical or  sectional  line,  on  the  ground  that  the  question  of 
slavery  should  be  left  to  the  people  to  decide  when  they  had 
formed  a  state  and  accepted  a  constitution.  You,  my  dear  chil- 
dren, will  now  be  able  to  form  for  yourselves  a  pretty  correct 
opinion  upon  this  subject.  We  leave  the  constitutionality  of  the 
prior  acts  to  the  supreme  court  to  decide  upon,  since  there  is  not 
the  least  doubt  that  Congress,  by  virtue  of  the  clause  under  con- 
sideration, has  the  right  to  repeal  or  alter  such  acts  at  pleasure. 
But  so  much  is  certain,  that  a  Union  divided  by  a  political  geo- 
graphical line  in  regard  to  bound  or  free  labor,  commerce,  religion 
or  anything  else,  ceases  to  be  a  union  or  unit/Hbut  appears  as  a 
divided  thing.  This  much-talked-of  Kansas  and  Nebraska  act 
will  work  rightly  under  the  constitution,  provided  only  real  actual 
settlers  have  to  manage  the  public  business.  These  will,  you  may 
be  sure,  adjust  their  state  constitution  to  the  actual  circumstances, 
and  this  is  all  they  should  do.  But  if  there  are  men  allowed  to 
vote  which  are,  by  the  abolition  party  or  others,  expressly  hired  for 
this  purpose,  the  result  will  be  different.  That  such  mercenary 
votes  are  a  fraud  and  illegal  is  obvious. 

It  is  to  be  devoutly  hoped  that  we  shall  not  hear  a  single  word 
more  about  bound  labor  in  Congress.  If  the  principle  pointed 
out  above  of  free  settling  of  the  territories  by  Americans,  Euro- 
peans and  Asiatics  be  right,  it  is  self-evident  that  no  American 
citizen  can  be  excluded  from  any  section  of  our  territories,  may  he 
keep  bound  laborers  or  not.  At  least,  the  federal  constitution,  our 
supreme  law  of  the  land,  does  not  contain  a  single  word  against 
this  principle,  as  may  be  presumed  considering  its  origin. 

Allow  me  to  ask  here ;  would  not  the  often -mentioned  family- 


124  THE  NATIONAL  GOVERNMENT. 

state  vote  at  once  prevent  party  outrages  in  such  instances  ?  would 
families  be  liable  to  be  abused  for  fraudulent  voting  errands?  have 
you  ever  heard  of  families  going  fillibustering  ?  This  proves 
what  a  great  difference  there  is  between  the  family  and  the  usual 
personal  suffrage,  how  the  first  naturally  guaranties  order,  and  the 
second  produces  all  kinds  of  mischief  and  social  corruption. 
Usurpers,  like  the  Napoleons,  understand  this  difference  very  well, 
and  side  with  our  demagogues.  Congress  has  the  power  to  make 
the  laws  on  the  suffrage  in  the  territories.  Why  not  use  it  ? 

Who  has  seen  the  managing  of  the  voting  in  territories  and 
new  states  will  agree  that  it  is  impossible,  in  most  instances,  to 
distinguish  bona  fide  settlers  from  fraudulent  voters.  The  real 
bonajide  settlers  are  families,  because  they  are  forced  by  nature 
to  found  a  home.  That  legislature  which  first  substitutes  the 
family  suffrage  for  the  personal  or  general  suffrage,  relieves  society 
of  an  evil  which  every  patriot  and  good  citizen  deeply  deplores. 
Its  name  is  mob-rule. 

As  the  parents  are  advising  and  helping  their  children  when 
they  are  going  the  first  time  to  housekeeping,  so  Congress  sup- 
ports the  young  settlements  until  the  appointed  time  has  come  for 
the  independent  management  of  their  own  state  affairs.  This 
kind  of  transient  regulation  of  territories  must  be  in  its  nature 
discretionary,  and  should  be  borne  with  cheerfulness,  and  not  re- 
sented by  fierce  demagoguism  and  treasonable  revolt,  as  has  been 
done  in  Kansas  of  late ;  for  Congress  acts  for  the  best  of  society, 
and  does,  indeed,  nothing  but  bears  the  first  expenses  of  the  local 
government,  which  the  settlers  have  in  their  hands,  by  making 
their  own  civil  and  criminal  laws. 

I  have  perhaps  dwelt  too  long  upon  these  subjects,  but  you  see 
what  dangers  are  surrounding  us,  and  will  therefore  not  be  tired 
if  I  repeatedly  recur  to  important  principles  to  better  show  their 
working  in  society. 

Postscript.  —  After  this  letter  was  written,  there  appeared 
in  the  papers  a  notice  of  a  judgment  of  the  United  States  su- 
preme court  in  the  case  of  Dred  Scott  against  his  master,  claim- 
ing his  freedom  on  the  ground  that  he  had  resided  two  years, 
by  the  act  of  his  owner,  in  a  state  where  slavery  was  pro-  - 
hibited  by  its  constitution,  and  afterward  in  a  territory  from 
which  it  was  prohibited  by  the  Missouri  compromise.  The  supreme 


TERRITORIES.  125 

court  denies  the  validity  of  his  claim,  and  decides  the  following 
points  : — 

First.  Negroes,  whether  slave  or  free,  that  is  men  of  the  Afri- 
can race,  are  not  citizens  of  the  United  States,  by  the  constitution. 

Second.  The  ordinance  of  1787  had  no  independent  constitu- 
tional force  or  legal  effect  subsequently  to  the  adoption  of  the 
constitution ;  and  could  not  operate  of  itself  to  confer  freedom  or 
citizenship  within  the  northwest  territory  on  negroes,  not  citizens 
by  the  constitution. 

Third.  The  provision  of  the  act  of  1820,  commonly  called  the 
Missouri  compromise,  in  so  far  as  it  undertook  to  exclude  negro 
slavery  from,  and  communicate  freedom  and  citizenship  to,  negroes 
in  the  northern  part  of  the  Louisiana  cession,  was  a  legislative  act 
exceeding  the  powers  of  Congress,  and  VOID,  and  of  no  legal 
effect  to  that  end. 

In  deciding  these  main  points  the  supreme  court  determined 
the  following  incidental  points  : — 

First.  The  expression  "  territory  and  other  property "  of  the 
Union  in  the  constitution  applies  "  in  terms  "  only  to  such  terri- 
tory as  the  Union  possessed  at  the  time  of  the  adoption  of  the 
constitution. 

Second.  The  rights  of  citizens  of  the  United  States  emigrating 
into  any  federal  territory,  and  the  power  of  the  federal  govern- 
ment there,  depend  on  the  general  provisions  of  the  constitution, 
which  defines  in  this,  as  in  all  other  respects,  the  powers  of  Con- 
gress. 

Third.  As  Congress  does  not  possess  power  itself  to  make 
enactments  relative  to  the  persons  or  property  of  citizens  of  the 
United  States  in  a  federal  territory,  other  than  such  as  the  consti- 
tution confers,  so  it  cannot  constitutionally  delegate  any  such 
powers  to  a  territorial  government  organized  by  it  under  the  con- 
stitution. 

Fourth.  The  legal  condition  of  a  slave  in  the  state  of  Missouri 
is  not  affected  by  the  temporary  sojourn  of  such  slave  in  any 
other  state,  but  on  his  return  his  condition  still  depends  on  the 
laws  of  Missouri. 

As  the  plaintiff  was  not  a  citizen  he,  therefore,  could  not  sue  in 
the  courts  of  the  United  States.  The  suit  must  be  dismissed  for 
want  of  jurisdiction. 


126  THE  NATIONAL  GOVERNMENT. 

This  decision  settles  an  unsteady  practice  which  has  influenced 
party  rancor  and  virulence.  A  slave  is  not  born  as  a  citizen,  and 
does  not  acquire  by  simple  manumission  citizen  rights,  any  more 
than  an  immigrant  acquires  such  a  right  by  mere  immigration. 
The  judgment  is  plain  and  just,  and  in  regard  to  the  increasing 
Mongolian  immigration  very  seasonable. 


LETTER    XXXIV. 

Guaranty  of  a  Republican  Form  of  Government.  —  Protection  against  In- 
vasion and  Domestic  Violence.  —  Switzerland.  —  Hanse  Republics.  — 
Monarchs.  — Greeks.  —  King  Philip.  —  Amphyctionic  Congress. — Euro- 
pean '  Opinion  of  the  American  Political  System.  —  Rev.  T.  S.  Hughes's 
Opinion.  —  Dangers  of  our  Republic  to  the  whole  World. 

WE  shall  soon  be  through  the  constitution.     It  disposes  in  — 

SECTION   IV. 

"  The  United  States  shall  guaranty  to  every  state  in  this  Union  a  republi- 
can form  of  government,  and  shall  protect  each  of  them  against  invasion ; 
and  on  application  of  the  legislature,  or  of  the  executive  (when  the  legis- 
lature can  not  be  convened),  against  domestic  violence." 

Harmony  in  a  confederation  requires  that  the  forms  of  the  gov- 
ernment be  of  the  same  kind.  Republics  and  monarchies  never 
will  form  a  real  confederation.  We  see  how  the  monarchs  are 
treating  Switzerland  or  the  little  Hanse  republics  in  Germany. 
The  Greeks,  by  admitting  King  Philip  to  their  republican  Am- 
phyctionic Congress,  sapped  the  foundation  of  their  confederacy, 
ending  in  their  subjection  to  the  Macedonians. 

Congress  is  by  this  clause  pledged  to  guaranty  free  govern- 
ments, the  most  simple,  the  most  natural,  and  the  best,  if  not  per- 
mitted to  be  abused  by  lawless  and  unpatriotic  men.  The  clause 
is  plain  by  itself.  Of  the  common  defense,  in  case  of  invasion,  we 
have  read  before.  In  case  of  domestic  violence  against  the  gov- 
ernments Congress  shall  also  provide  protection.  As  long  as  the 
trouble  is  merely  local,  and,  of  course,  not  endangering  the  state 
government,  Congress  has  no  right  to  interfere ;  for,  in  a  well- 
governed  state,  where  the  executive  has  a  sharp  look  upon  the 


EUROPEAN  OPINIONS.  127 

execution  of  the  laws,  there  will  always  be  force  enough  to  assist 
the  authorities  in  carrying  out  the  laws  in  such  instances. 

European  statesmen  and  writers  hold  the  opinion,  that  in  this 
constitution  too  little  power  is  given  to  the  federal  government 
over  the  state  legislatures,  which  they  generally  call  provincial 
legislatures.  But  all  who  study  the  federal  constitution  with  an 
eye  and  keen  instinct  for  business  will  discover,  that  in  the  very 
little  or  no  power  at  all  Congress  has  over  the  state  governments 
is  the  very  strength  of  our  system.  The  states,  being  all  repub- 
lics, have  only  to  care  for  the  good  management  of  the  municipal 
public  business.  This  is  or  should  be  their  ambition.  Congress,  on 
the  other  hand,  is  appointed  to  manage  the  national  business  well. 
Therein  may  its  members  exhaust  all  their  ingenuity  and  ambi- 
tion. If  both  institutions  act  their  parts  well,  and  the  people  are 
well  able  to  control  them  practically,  the  American  system  of  or- 
ganizing society  and  managing  their  public  affairs,  must  neces- 
sarily be  the  best  men  can  devise.  When  one  of  those  writers 
(Rev.  T.  S.  Hughes,  in  his  English  History)  says,  that  our  re- 
public is  destined,  for  a  time  at  least,  to  be  the  great  disturbing 
force  of  Europe,  if  not  of  the  world,  and  so  potent  for  mischief, 
that  it  becomes  a  question  whether  it  would  not  be  sound  policy 
for  all  European  states  to  combine  for  the  purpose  of  curbing  its 
encroachments,  and  counteracting  its  designs,  he  little  understood 
the  merits  of  this  system,  and  the  pivot  upon  which  it  moves.  All 
that  Europe  has  to  do  is  to  let  America  alone.  There  is  not  the 
least  danger  that  this  republic  will  disturb  Europe,  unless  forced 
to  resent  injurious  meddling  with  their  interest.  Our  internal 
troubles  (there  will  be  always  some)  will  be  trifling,  if  we  do  not 
neglect  the  voting  laws  and  the  distributing  of  society. 


128  THE   NATIONAL   GOVERNMENT. 


LETTER    XXXV. 

Amending  the  Constitution.  —  Check  upon  large  States.  —  Public  Debts. — 
Supreme  Law  of  the  Land.  —  Higher  Law  Reveries.  —  Religious  and 
Moral  Precepts.  —  Channing.  —  Philosophical  Opinions  and  Truths,  no 
Law.  —  Sharpe's  Rifles. 

THOSE  who  made  this  constitution  were  honest  enough  to  ad- 
mit it  might  not  be  so  perfect  as  they  wished  to  make  it,  and  there- 
fore provided  how  it  might  be  improved. 

ARTICLE    V. 

Of  Amendments. 

"  1.  The  Congress,  whenever  two  thirds  of  both  houses  shall  deem  it  ne- 
cessary, shall  propose  amendments  to  this  constitution,  or,  on  the  application 
of  the  legislatures  of  two  thirds  of  the  several  states,  shall  call  a  convention 
for  proposing  amendments,  which,  in  either  case,  shall  be  valid  to  all  intents 
and  purposes  as  part  of  this  constitution  when  ratified  by  the  legislatures  of 
three  fourths  of  the  several  states,  or  by  conventions  in  three  fourths  thereof, 
as  the  one  or  the  other  mode  of  ratification  may  be  proposed  by  the  Congress ; 
provided  that  no  amendment,  which  may  be  made  prior  to  the  year  one  thous- 
and eight  hundred  and  eight,  shall  in  any  manner  affect  the  first  and  fourth 
clauses  in  the  ninth  section  of  the  first  article ;  and  that  no  state,  without  its 
consent,  shall  be  deprived  of  its  equal  suffrage  in  the  senate/' 

The  limitations  indicated  in  this  article  refer  to  the  prohibition 
of  the  introduction  of  slaves,  and  in  the  mode  of  levying  a  cap- 
itation or  direct  tax,  not  to  be  changed  so  long  as  slave  property 
could  be  increased  by  importation,  and  to  the  representation  of  the 
states  in  the  senate.  The  first  and  second  restrictions  are  com- 
promises, and  the  third  a  check  upon  the  influence  of  large  states, 
of  which  I  have  spoken  before,  but  which  requires  a  special  law 
of  Congress,  also  in  regard  to  their  influence  in  the  house  of  repre- 
sentatives. 

ARTICLE   VI. 

Miscellaneous. 

"1.  All  debts  contracted,  and  engagements  entered  into,  before  the  adop- 
tion of  this  constitution,  shall  be  as  valid  against  the  United  States  under  this 
constitution,  as  under  the  confederation." 


UNITED   STATES  LAWS  SUPREME.  129 

It  is  but  just,  since  changes  of  the  form  of  government  do  not 
rescind,  change,  or  destroy  the  obligations  between  governments 
and  citizens.  This  is  often  forgotten  in  revolutionary  times,  which 
invariably  increase  prior  public  debts. 

"2.  This  constitution,  and  the  laws  of  the  United  States,  which  shall  be 
made  in  pursuance  thereof;  and  all  treaties  made,  or  which  shall  be  made, 
under  the  authority  of  the  United  States,  shall  be  the  supreme  law  of  the 
land ;  and  the  judges  in  every  state  shall  be  bound  thereby,  anything  in  the 
constitution  or  laws  of  any  state  to  the  contrary  notwithstanding." 

This  plainly  settles  all  higher  law  reveries.  I  respect  deeply 
all  religious  or  moral  precepts.  They  ought  to  be  the  fountain 
from  which  our  legislators  should  draw  their  wisdom :  they  should 
be  the  rules  of  our  life.  But  what  is  considered  by  Channing,  in 
his  writings  on  slavery,  the  duty  of  free  states,  spiritual  freedom, 
etc.,  and  by  his  followers,  higher  law,  is  no  political  authority,  no 
law.  to  be  executed,  but  merely  a  sentiment,  an  opinion,  an  ideal. 
Who  is  not  satisfied  with  our  supreme  law,  as  it  stands,  and  with 
the  laws  made  under  it,  must,  in  this  free  country,  not  rebel  against 
them,  but  quietly  suffer  them  or  expiate  himself,  as  hundreds  and 
thousands  do  in  Europe,  who  do  not  like  the  established  laws 
there.  All  other  expedients  are  unworthy  of  a  republican  citizen 
and  an  honest  man,  notwithstanding  anything  to  the  contrary  in 
the  theological,  philosophical,  metaphysical,  and  poetical  systems 
and  doctrines.  These  are  all  very  well  in  their  way,  but,  if  there 
shall  not  be  confusion  without  end,  LAW  must  be  their  guiding 
star  as  it  is  that  of  a  good  people.  I  love  our  federal  constitution 
and  our  system  of  governing,  because,  under  it,  people  may 
enjoy  the  greatest  spiritual  freedom,  expand  freely  their  noblest 
faculties,  so  far  as  circumstances  permit.  Let  then  the  philoso- 
phers develop  the  truth,  but  not  enforce  their  opinions  with  Sharpe's 
rifles.  Every  good  thing  has  its  proper  time  for  use. 

6* 


130  THE  NATIONAL  GOVERNMENT. 


LETTER   XXXVI. 

Official  Oath.  —  Religious  Test  abolished.  —  Party.  —  Unconstitutional  Plat- 
forms. —  Sliding  Constitutions  or  Platforms.  —  Perjury.  —  Chaplains.  — 
Object  of  Religion. —  Separation  of  Religion  from  the  State. —  E  Pluribus 
Unum. —  Norvus  Ordo  Seculorum. —  Religious  Intolerance. —  Ratification 
by  a  Majority  of  the  States.  —  No  Preference  of,  or  Difference  between, 
the  Old  and  New  States. 

WITH  this  letter  we  have  done  with  the  constitution  proper. 

"3.  The  senators  and  representatives  before  mentioned,  and  the  members 
of  the  several  state  legislatures,  and  all  executive  and  judicial  officers,  both 
of  the  United  States  and  the  several  states,  shall  be  bound  by  oath  or  affirma- 
tion, to  support  this  constitution ;  but  no  religious  test  shall  ever  be  required 
as  a  qualification  to  any  office  or  public  trust  under  the  United  States." 

Public  officers,  in  order  to  give  a  guaranty  of  their  honest  in- 
tention, are  placed  everywhere  under  such  a  solemn  obligation, 
although  it  is  by  some  thought  superfluous,  under  a  written  con- 
stitution, about  which  there  can  not  be  a  mental  reserve.  We  have 
seen  that  it  is  almost  impossible  to  get  a  seat  in  Congress  or  an 
office,  without  the  intervention  of  party.  It  may  happen  in  a 
free  country  that  a  party  acts  upon  a  platform,  which  contains 
sectional,  anti-union,  or  unconstitutional  conditions.  An  unscru- 
pulous man  may  slide  such  a  platform,  and  by  dint  of  smartness 
and  hypocrisy,  carry  the  election,  so  that  he  can  pass  the  Rubicon 
of  this  official  oath  without  a  great  deal  of  violence  to  his  con- 
science ;  but  if  he  accepts  such  a  platform,  swears  the  oath,  as 
prescribed  in  this  clause,  and  acts  and  votes  according  to  the  plat- 
form and  lets  slide  the  constitution,  he  obviously  commits  perjury. 
The  chaplains  of  the  legislature  and  Congress  should  often  ex- 
pose this  danger  of  violating  the  supreme  law  on  party  grounds. 
They  should  do  it  as  the  monitors  of  the  moral  and  religious  pre- 
cepts, alias  called  higher  law.  I  hope  to  see  the  crime  of  perjury 
in  regard  to  this  clause,  if  not  punished,  always  promptly  resented 
by  the  people.  Against  this  oath  is  the  doctrine  of  instruction ; 
under  it  Congress  is  not  free,  and  perjury  almost  unavoidable. 


RELIGIOUS   TEST.  131 

The  abolishing  of  the  narrow-minded  religious  test  is  consonant 
with  the  pure  and  elevated  principles  of  humanity,  morality,  and 
justice,  upon  which  the  constitution  has  been  reared.  We  all 
know  that  the  object  of  religion  is  to  induce  and  bind  man  to  a 
faithful  performance  of  his  personal  and  social  duties.  In  this 
regard  all  sects  and  denominations  should  agree,  however  much 
they  may  differ  in  their  rites  and  creeds.  For  what  rational  use 
is  then  such  a  test  ?  It  was,  therefore,  not  only  a  novel,  but,  as 
time  has  proved,  also  a  wise  and  just  step  forward  on  the  path  of 
humanity  to  exclude  a  religious  test  entirely  from  public  offices, 
while  it  is  even  at  present  required  by  all  foreign  governments. 

Our  constitution  has  in  this  manner  made  religion  a  private 
affair,  obviously  considered  as  such  by  its  frainers,  and  separated 
it  from  state.  For,  if  the  government  has  no  right  to  require 
such  a  test,  it  has  no  right  to  interfere  with  religious  affairs  at 
all. 

Thus  ends  this  most  noble  document !  It  has,  as  our  national 
escutcheon  truly  states,  successfully  united  a  number  of  dis- 
cordant states  in  one  stable-confederation  (e  pluribus  unum),  and 
opened  a  new  period  in  the  history  of  mankind  (novus  ordo  secu- 
lorum).  It  has,  upon  the  rational  principles  of  self-government, 
established  justice  and  civil  liberty ;  and  is  not  only  a  master- 
specimen  of  a  free  political  family  compact,  but  also  the  first  or- 
ganic law,  which  effectively  destroyed  the  modern  Hydra :  RELI- 
GIOUS INTOLLERANCE. 

ARTICLE    VII. 

Of  the  Ratification. 

"  The  ratification  of  the  conventions  of  nine  states,  shall  be  sufficient  for 
the  establishment  of  this  constitution  between  the  states  so  ratifying  the 
same." 

The  ratification  should  take  place  in  conventions  of  the  people. 
A  majority  of  the  thirteen  states  was  designated  by  the  constitution 
sufficient  for  its  adoption.  Nine  of  these  states  ratified  instantly, 
and  thus  began  the  confederation,  four  within  a  year  afterward. 
There  is  not  a  vestige  in  the  constitution  favoring  a  preference  of, 
or  a  difference  between  the  first  thirteen  states  of  the  Union  and 
those  later  admitted  to  it,  although  some  writers  insist  upon  such 
a  discrimination.  They  are  led  astray  by  the  European  notions 


132  THE   NATIONAL   GOVERNMENT. 

of  territorial  sovereignty.  And  thus  live  under  its  panoply  in 
thirty-two  states,  twenty-six  millions  of  happy  men — they,  at 
least,  can  be  such,  if  they  make  a  right  use  of  their  reason.  May 
God  protect  this  Union. 


LETTER    XXXVII. 

Exceptions  and  Mob  Commotions  against  the  Constitution.  —  Bill  of  Rights. 
—  Amendments.  —  Religious  Establishment.  —  Freedom  of  Speech  and  of 
the  Press.  —  Assembling.  —  Petition.  —  Great  Britain.  —  Municipal  Le- 
gislation. —  Right  to  bear  Arms.  —  European  Legislation.  —  Municipal. — 
District  of  Columbia.  —  Quartering  of  Soldiers  in  Time  of  Peace.  — 
Unreasonable  Searches  in  Houses.  —  Grand-jury  Indictment.  —  Double 
Trials.  —  Process  of  Law. — Private  Property  for  Public  Use.  —  Muni- 
cipal Legislation.  —  Speedy  Public  Trial  by  Jury.  —  Witnesses.  —  Coun- 
sel.—  Trial  by  Jury  in  $20  Cases. — Blackstone.  —  Excessive  Bail. — 
Enumeration  of  Certain  Rights.  —  Powers  reserved  to  the  States. — Ex- 
tension of  the  Judicial  Power.  —  Electors.  —  Presidents  compared  with 
Crowned  Heads. —  Executive.  —  Judiciaiy  compared  with  the  Legislative 
Branch.  —  Stability  of  the  Federal  Constitution. 

AGAINST  this  constitution  were  raised  strong  exceptions,  even 
mob-commotions,  because  it  contained  no  bill  of  rights,  &c.  But 
we  have  seen  that  all  general  principles  of  justice  (such  as  make 
up  what  is  called  a  bill  of  rights)  were  carefully  embodied  in  this 
organic  law,  so  far  as  they  were  in  harmony  with  its  purpose — the 
organization  of  the  Congress  and  defining  of  its  business.  To  do 
more  would  not  have  been  befitting,  or  would  have  been  encroach- 
ing upon  state  constitutions,  statute-books,  or  judicial  codes.  But 
this  would  not  suit  some  wiseacres,  and  therefore  a  string  of 
amendments  was  proposed,  of  which  the  following  were  approved 
by  the  good  people.  I  shall  pass  them  over  with  a  few  remarks, 
because  they  are  irrelevant. 

AMENDMENTS. 

"Art.  1.  Congress  shall  make  no  law  respecting  an  establishment  of  Re- 
ligion, or  prohibiting  the  free  exercise  thereof;  or  abridging  the  freedom  of 
speech,  or  of  the  press ;  or  the  right  of  the  people  peaceably  to  assemble, 
and  to  petition  the  government  for  a  redress  of  grievances." 

You  will  see  at  the  first  glance,  my  dear  children,  that  this 


AMENDMENTS.  133 

amendment  is  superfluous  with  us,  while  it  may  be  appropriate 
in  Great  Britain  or  elsewhere.  By  abolishing  the  religious  test 
the  constitution  has  done  more  in  regard  to  religious  freedom  than 
this  amendment  would  do,  if  it  stood  alone.  On  the  other  sub- 
jects, even  about  the  aberrations  of  the  Mormon  church,  Congress 
has  no  right  to  legislate.  To  say  a  word  about  petitions  is  gra- 
tuitous and  improper,  our  officials  being  our  responsible  agents 
and  not  our  lords  or  royal  proprietors,  and,  therefore,  can  and 
never  will  refuse  to  accept  petitions  on  subjects  belonging  to  their 
business-sphere.  The  main  objects  mentioned  here  belong  to 
municipal  legislation  and  not  at  all  to  Congress. 

"  Art.  2.  A  well-regulated  militia  being  necessary  to  the  security  of  a  free 
state,  the  right  of  the  people  to  keep  and  bear  arms,  shall  not  be  infringed." 

Good  for  Europe.  We  have  read  the  dispositions  of  the  con- 
stitution about  the  militia.  Congress  has  no  power  to  legislate  on 
the  keeping  and  bearing  of  arms,  except  in  the  District  of  Co- 
lumbia. 

"Art.  3.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a  manner  to  be 
prescribed  by  law." 

Is  also  good  for  Europe.  We  have  no  soldiers  in  the  European 
sense  of  the  word.  If  our  troops  should  be  in  need  of  lodging 
and  board,  somebody  must  pay  for  it.  Of  course,  necessity  in 
times  of  war  knows  no  law,  no  restraint ;  but  the  right  to  indem- 
nification after  the  war,  no  one  can  destroy. 

"  Art.  4.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures,  shall  not  be 
violated,  and  no  warrants  shall  issue,  but  upon  probable  cause,  supported 
by  oath  or  affirmation,  and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized." 

Very  well  for  England  and  a  statute-book  of  municipal  laws, 
but  superfluous  here. 

"  Art.  5.  No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise  in- 
famous crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury,  except 
in  cases  arising  in  the  land  or  naval  forces,  or  in  the  militia,  when  in  actual 
service  in  time  of  war  or  public  danger ;  nor  shall  any  person  be  subject  for 
the  same  offence  to  be  twice  put  in  jeopardy  of  life  or  limb ;  nor  shall  be 
compelled  in  any  criminal  case  to  be  a  witness  against  himself,  nor  be  de- 
prived of  life,  liberty,  or  property,  without  due  process  of  law ;  nor  shall 
private  property  be  taken  for  public  use,  without  just  compensation." 


134  THE   NATIONAL   GOVERNMENT. 

This  is  entirely  superfluous,  and  does  not  belong  to  the  federal 
constitution ;  and,  so  far  as  partaining  to  it,  has  been  provided  for 
in  the  constitution.  The  maxim,  that  an  accused  criminal  shall 
not  incriminate  himself,  is  equivalent  to  a  prohibition  of  the  con- 
fession of  guilt,  an  utterly  immoral  and  irreligious  maxim,  more 
calculated  to  accommodate  and  harden  scoundrels  than  to  promote 
order  and  realize  justice. 

"Art.  6.  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to 
a  speedy  and  public  trial,  by  an  impartial  jury  of  the  state  and  district  where- 
in the  crime  shall  have  been  committed,  which  district  shall  have  been  previ- 
ously ascertained  by  law,  and  to  be  informed  of  the  nature  and  cause  of  the 
accusation ;  to  be  confronted  with  the  witnesses  against  him ;  to  have  com- 
pulsory process  for  obtaining  witnesses  in  his  favor,  and  to  have  the  assist- 
ance of  counsel  for  his  defence." 

All  this  is  municipal  state-business,  and  does  not  belong  to  the 
federal  constitution,  and  proves  that  this  law  was  little  understood 
by  those  who  moved  such  an  amendment. 

"Art.  7.  In  suits  at  a  common  law,  where  the  value  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved,  and  no 
fact  tried  by  a  jury,  shall  be  otherwise  re-examined  in  any  court  of  the 
United  States,  than  according  to  the  rules  of  common  law." 

Also  entirely  improper  for  this  constitution.  Such  municipal 
law-details,  as  the  sum  of  twenty  dollars,  never  belong  to  any  con- 
stitution at  all,  for  they  ought  to  be  regulated  by  a  statute  accord- 
ing to  time  and  circumstances.  If  those  men,  who  urged  such 
amendments,  had  had  a  seat  in  the  convention,  which  framed  the 
federal  constitution,  it  would  have  been  either  never  made,  or  be- 
come something  entirely  different  from  what  it  is,  most  certainly 
a  book  of  several  hundred  pages  old  English  law  lore,  copied 
from  Blackstone,  &c. 

"  Art.  8.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  cruel  and  unusual  punishment  inflicted." 

Such  things  must  be  left  to  the  judgment  of  the  legislatures, 
and  will  be  taken  care  of  just  as  well,  if  not  mentioned  at  all  in 
a  constitution. 

"Art.  9.  The  enumeration  in  the  constitution,  of  certain  rights,  shall  not 
be  construed  to  deny  or  disparage  others  retained  by  the  people." 

Is  a  matter  of  course.  The  federal  constitution  applies  merely 
to  the  organization  of  Congress,  and  nothing  else,  and  can,  there- 


AMENDMENTS.  185 

fore,  not  prejudice  or  alter  anything  in  the  social  affairs  and  in- 
dividual rights  of  the  citizens,  and  in  the  public  business  of 
towns,  counties,  and  states.  And  if,  notwithstanding,  Congress 
should  transgress  these  limits,  all  it  does  would  be  unconstitutional, 
and  null  and  void. 

"Art.  10.  The  powers  not  delegated  to  the  United  States,  by  the  constitu- 
tion, nor  prohibited  by  it  to  the  states,  are  reserved  to  the  states  respectively, 
or  to  the  people." 

Is  much  like  Art.  9,  and  entirely  superfluous. 

"Art.  11.  The  judicial  power  of  the  United  States  shall  not  be  construed 
to  extend  to  any  suit  in  law  or  equity,  commenced  or  prosecuted  against  one 
of  the  United  States  by  citizens  of  another  state,  or  by  citizens  or  subjects  of 
any  foreign  state." 

I  have  spoken  on  this  subject  elsewhere.  It  is  plain  and  self- 
evident  also,  without  an  express  proviso. 

Art.  12.  This  amendment  I  have  inserted  in  Letter  XXI.  It 
alters  the  forms  of  the  presidential  election  somewhat,  but  not  ma- 
terially (because  the  influence  of  the  political  parties  neutralizes 
or  paralyzes  the  action  of  the  electoral  college),  as  will  be  seen 
by  a  comparison  of  it  with  the  original  clause  of  the  constitution, 
which  I  insert  here  : — 

"3.  The  electors  shall  meet  in  their  respective  states,  and  vote  by  ballot 
for  two  persons,  of  whom  one  at  least,  shall  not  be  an  inhabitant  of  the  same 
state  with  themselves.  And  they  shall  make  a  list  of  all  the  persons  voted 
for,  and  of  the  number  of  votes  for  each;  which  lists  they  shall  sign  and 
certify,  and  transmit  sealed  to  the  seat  of  the  government  of  the  United 
States,  directed  to  the  president  of  the  senate.  The  president  of  the  senate 
shall,  in  the  presence  of  the  senate  and  house  of  representatives,  open  all  the 
certificates,  and  the  votes  shall  then  be  counted.  The  person  having  the 
greatest  number  of  votes  shall  be  the  president,  if  such  number  be  a  majority 
of  the  whole  number  of  electors  appointed  ;  and  if  there  be  more  than  one  who 
have  such  majority,  and  have  an  equal  number  of  votes,  then  the  house  of 
representatives  shall  immediately  choose  by  ballot  one  of  them  for  president ; 
and  if  no  person  have  a  majority,  then  from  the  five  highest  on  the  list  the 
said  house  shall  in  like  manner  choose  the  president.  But  in  choosing  the 
president,  the  votes  shall  be  taken  by  states,  the  representation  from  each 
state  having  one  vote ;  a  quorum  for  this  purpose  shall  consist  of  a  mem- 
ber or  members  from  two  thirds  of  the  states,  and  a  majority  of  all  the 
states  shall  be  necessary  to  a  choice.  In  every  case,  after  the  choice  of  the 
president,  the  persons  having  the  greatest  number  of  votes  of  the  electors 
shall  be  the  vice-president.  But  if  there  should  remain  two  or  more  who 
have  equal  votes,  the  senate  shall  choose  from  them  by  ballot  the  vice- 
president." 


136  THE   NATIONAL   GOVERNMENT. 

All  pains  have  been  taken,  as  you  see,  to  always  get  the  right 
man  at  the  helm  of  the  federal  state-ship.  We  can  not  be  but 
satisfied,  thus  far,  with  all  our  presidents.  Impartial  history  will, 
when  comparing  them  with  the  contemporary  crowned  heads  of 
monarchies,  readily  yield  the  palm  to  them.  Their  activity  is 
limited  by  the  laws  of  Congress.  No  doubt,  that  the  executive 
and  judicial  branches  of  the  federal  government  are,  by  far,  sur- 
passing the  legislative  branch,  in  the  prompt  and  thorough  man- 
agement of  their  affairs. 

The  wheel  of  time  sets  facts  and  circumstances  in  motion. 
They  are  eternally  changing.  The  mind  demands  new  rules  for 
them,  but  nature  remains  the  same.  The  sun  of  Solon  illumi- 
nates our  paths  to-day.  The  seasons  sung  by  Homer,  are  still 
inspiring  our  poets.  The  child,  the  youth,  the  old,  follow  each 
other  in  the  same  order,  as  when  Moses  made  laws  for  them. 
Almost  as  permanent  and  stable  as  nature,  is  our  federal  consti- 
tution. There  is  no  clause  in  it,  which  may  require  a  modifica- 
tion a  century  hence.  I,  for  one,  do  not  understand,  how  it  could 
be  essentially  improved  by  amending. 

Thus  we  have  discussed  one  of  the  best  state-papers  ever  made 
by  men.  It  has  caused  me  infinite  pleasure  to  go  with  you  over 
these  grounds.  They  are  laid  out  with  great  care.  The  seeds 
planted  there,  have  grown  into  large,  shadowy  trees.  May  it  be 
my  lot  and  yours  to  live  long  beneath  them. 


LETTER    XXXVIII. 

Washington's  Letter  to  Congress  with  the  Constitution.  —  Duties  of  Con- 
federated States  and  Individuals.  —  Consolidation  of  the  Union.  —  Spirit 
of  Amity  and  Mutual  Deference.  —  Marriage.  —  No  Industry  secure  with- 
out the  Political  Organization  of  Society. 

AFTER  the  acute  politicians  of  the  different  states,  headed  by 
those  of  Massachusetts,  had  exhausted  their  stock  of  genuine 
English  legal  lore  and  native  acumen  in  attempting  to  improve,  by 
amendments,  a  constitution  which  they  did  not  know  by  practice, 
with  what  result  you  have  seen,  it  was  addressed  to  the  president 
of  Congress  and  accompanied  by.  a  letter  from  General  Washing- 


LETTER   OF   PRESENTATION.  137 

ton,  president  of  the  convention  which  framed  the  constitution ; 
from  which  the  following  extracts  are  taken.  They  show  in  a 
remarkably  clear  manner  in  what  light  the  constitution  was  then 
viewed,  and  what  were  the  objects  of  its  formation : — 

"  It  is  obviously  impracticable,"  so  writes  General  Washington, 
"  in  the  federal  government  of  these  states  to  secure  all  rights  of 
independent  sovereignty  to  each  and  yet  provide  for  the  interests 
and  safety  of  all.  Individuals  entering  into  society  must  give  up 
a  share  of  liberty  to  preserve  the  rest.  The  magnitude  of  the 
sacrifice  must  depend  as  well  on  situation  and  circumstance  as  on 
the  object  to  be  obtained. 

"  It  is  at  all  times  difficult  to  draw  with  precision  the  line  be- 
tween those  rights  which  must  be  surrendered  and  those  which 
may  be  reserved ;  and  on  the  present  occasion  this  difficulty  was 
increased  by  a  difference  among  the  several  states  as  to  their  situ- 
ation, extent,  habits,  and  particular  interests. 

"  In  all  our  deliberations  on  this  subject  we  kept  steadily  in 
our  view  that  which  appears  to  us  the  greatest  interest  of  every 
true  American,  the  consolidation  of  the  Union,  in  which  is  in- 
volved our  prosperity,  felicity,  safety, —  perhaps  our  national  ex- 
istence. This  important  consideration,  seriously  and  deeply 
impressed  upon  our  minds,  led  each  state  in  the  convention  to  be 
less  rigid  on  points  of  inferior  magnitude  than  might  have  been 
otherwise  expected ;  a  spirit  of  amity  and  of  that  mutual  defer- 
ence and  concession  which  the  peculiarity  of  our  political  situation 
rendered  indispensable." 

How  true  !  These  few  lines  alone  delineate  the  deal*,  practical, 
sagacious  mind  of  this  great  and  good  citizen.  As  a  young 
woman  never  should  enter  into  the  matrimonial  compact  without 
having  before  made  up  her  mind  to  dispense  with  girlish  fancies 
and  habits,  and  begin  a  life  devoted  to  the  duties  of  the  family 
state,  where  the  earnest  spirit  of  mutual  deference,  concession, 
compromise,  and  amity  must  preside,  if  there  shall  be  union,  that 
is,  prosperity,  felicity,  and  comfort  at  home :  so  should  no  single 
person,  no  people  organized  as  a  state,  think  of  entering  into  a 
confederation  without  dispensing  with  selfish,  anarchical,  capri- 
cious, arrogant,  unsocial  feelings  and  pretensions  ;  for  only  in  such 
feelings  consists  what  General  Washington,  in  his  letter,  politely 
calls  independent  sovereignty. 


138  THE   NATIONAL   GOVERNMENT. 

Man  is  created  a  rational  social  being :  we  all  depend  upon 
each  other.  The  political  organization  of  society  secures  order, 
safety,  and  compass  for  our  activity.  There  is  no  certain  plan, 
pursuit,  or  career  practicable  without  it.  Why,  then,  should  not 
all  men  of  intelligence  cheerfully  obey  the  laws  of  their  country, 
especially  when  made  by  their  own  representatives  ? 


LETTER    XXXIX. 

Committees. — Appointed  in  the  House  by  the  Speaker,  in  the  Senate  by 
Ballot.  —  The  Committee  of  Ways  and  Means.  —  Standing  Committees. 
—  Select  Committees.  —  Committee  of  the  Whole  —  Three  times  Read- 
ing of  Bills.  —  Massachusetts.  —  Twenty-nine  Standing  Committees. — 
Accusations  of  Fraud,  Corruption,  Bribery.  —  Judiciary,  —  English  Cus- 
tom. 

A  MOST  important  part  of  the  machinery  by  which  the  public 
business  is  performed,  is  the  committees. 

In  all  legislative  bodies,  the  chief  business  is  usually  done 
by  their  committees.  To  these,  all  matters  of  business  requir- 
ing investigation  and  consideration,  are  first  referred,  and  by 
whom  a  report  is  made  upon  the  subject,  which  report  is  the 
topic  of  consideration  with  the  legislature.  Committees  in  the 
house  are  appointed  by  the  speaker,  in  the  senate  by  ballot.  In 
the  house  tlley  consist  of  seven  members  each,  in  the  senate  of 
five.  System  in  legislative  work  requires  such  an  arrangement. 
The  business  before  Congress  is  thus  divided  into  classes,  with 
an  appropriate  title  for  each,  and  appointing  to  each  a  separate 
committee.  These  classes  are,  with  little  variation,  the  same  in 
both  houses.  By  the  seventh  section  of  the  first  article  of  the 
constitution,  it  is  provided,  that  all  bills  for  raising  revenue  shall 
originate  in  the  house  of  representatives ;  hence  the  house 
have  a  committee  which  the  senate  have  not,  styled  "  The  Com- 
mittee of  Ways  and  Means."  This  committee  is  one  of  the 
most  important  parts  of  the  machinery  of  legislation,  and  of  the 
government  itself;  for  in  it  are  investigated  all  the  moneyed 
affairs  of  the  nation,  and  by  it  are  digested  and  reported  the 


COMMITTEES.  139 

various  plans  of  revenue  and  finance  for  the  support  and  credit 
of  the  government. 

The  principal  committees  in  either  house  are:  the  com- 
mittees on  Foreign  Relations,  on  the  Judiciary,  on  Military  Af- 
fairs, on  Commerce,  etc.  These  committees  are  called  "  Stand- 
ing Committees  ;"  while  others  appointed  for  particular  occasion 
are  called  "  Select  Committees."  Besides  these,  the  whole  house 
at  times  resolves  itself  into  a  committee,  called  the  "  Committee 
of  the  Whole."  The  object  of  this  is  to  obtain  greater  free- 
dom of  debate,  under  a  chairman  appointed  for  the  occasion. 
The  rules  of  the  house  do  not  govern,  but  simply  order  is  pre- 
served as  in  common  deliberative  assemblages.  When  the 
Committee  of  the  Whole  have  finished  their  discussions,  they 
rise,  and,  like  other  cammittees,  report  to  the  house,  the  speaker 
resumes  the-  chair,  and  the  members  vote  in  the  house  upon  the 
acceptance  or  rejection  of  the  report. 

Every  bill  or  proposition  must  be  read  three  times  previous 
to  its  passage,  and  each  reading  must  receive  the  formal  sanc- 
tion .of  the  house.  Thus,  before  a  proposition  of  a  member 
may  become  a  law,  the  bill  has  to  pass  three  readings,  a  com- 
mittee, the  debate  on  the  report  of  the  committee,  then  it  goes 
to  the  other  house,  where  it  passes  through  the  same  stations, 
and,  finally,  the  scrutiny  of  the  president.  I  should  think 
those  formalities  sufficient  for  the  purpose  of  getting  good  con- 
siderate laws  ;  and  still,  how  few  are  such. 

This  will  suffice  to  give  you  an  insight  in  the  Congress  and 
its  working  machinery  to  execute  the  powers  of  the  constitu- 
tion. A  similar  law-making  machinery  is  at  work  in  the  several 
states  and  territories. 

In  Massachusetts  there  are  generally  twenty-nine  standing 
committees  appointed.  They  consist  of  two  members  on  the 
part  of  the  senate,  and  five  on  the  part  of  the  house.  Each 
legislature  has  its  own  rules  and  orders  on  all  such  subjects. 

The  different  legislative  bodies  are  in  the  habit  of  examining 
accusations  of  frauds,  corruption,  bribery,  etc.,  committed  by,  and 
referring  to,  members  of  such  bodies,  or  by  officials  appointed 
by  them  —  proceedings,  however,  which  seldom  produce  the 
desired  result.  It  seems  that  such  investigations  should  be  left 
to  the  judiciary,  whose  proper  sphere  it  is  to  investigate  illegal 


140  THE   NATIONAL  GOVERNMENT. 

acts.  The  custom  is  of  English  origin,  where  the  judiciary 
depends  entirely  upon  the  king,  and  is  considered  with  jealous 
eyes  by  the  parliament  and  people.  Our  judiciary  is  a  part  of 
the  people  and  deserves  full  credit.  These  exceptionary  in- 
quiries are  apt  to  undermine  the  credit  of  the  legislative  body, 
if  the  accused  party  is  considered  not  guilty,  even  when  indeed 
it  is  innocent.  Better  the  law  should  have  with  us  its  regular 
course. 


LETTEE    XL. 

Knowledge.  —  Commerce.  —  Money.  —  Cotton. —  Business  is  King.  —  Politi- 
cal Business.  —  Politicians.  —  Statesmen.  —  Genuine  and  Bogus  Politics.  — 
Commander  Maury's  Letters.  —  Dead  Sea.  —  Telescopes.  —  Camels.  — 
Whales.  —  Patents.  —  Patriotism.  —  Hard  Times.  —  High  Salaries.  — 
Scarcity  of  Talent.  —  Consolidating  Cities. — Political  and  Private,  or 
Free  Non-political  Business.  — What  it  is.  — French  Emperor.  —  Pennsyl- 
vania selling  State  Works.  —  General  Welfare.  —  Canals.  —  Competition. 

—  Railroads.  —  Public  Debts.  —  National  Political  Business.  —  Congress. 

—  Representative  System.  — Municipal  Political  Business.  —  State  Legis- 
lature. —  Executive.  —  Judiciary.  —  Organizer.  —  Subdivisions.  —  Coun- 
ties. —  Towns.  —  Representative.  —  Counties.  —  Political   County  Busi- 
ness. —  Legislative.  —  Executive.  — Judicial.  —  Overseer. —  Supervisor. — 
County  Court.  —  Representative.  —  Townships.  —  Political  Town  Busi- 
ness. —  Threefold.  —  Mayor.  —  Aldermen  or   Selectmen.  —  Democratic 
Representative.  —  Working  Districts.  —  State  Failure.  —  Self  taxation.  — 
Hamburg.  —  Cities.  —  Villages.  —  Size   of   States,    Counties,    Towns. — 
Philadelphia.  —  New  York.  —  Centralization.  —  Mutual  Control.  — Euro- 
pean Large  Places.  —  Monarchy.  —  Its  Philosophy  and  Substance.  — Japa- 
nese Cities.  —  Commodore  Perry's  Report.  —  Hakodadi.  —  Political  Arith- 
metic and  Geometry.  —Measure  for  Private  Affairs.  —  Crisis.  —  Crash 
of  the  Largest  Business   Concerns.  —  Size  of  State    Confederations.  — 
Congress  meddling  with   Non-political   and   Municipal  Local  Business. 

—  American    Ladies.  —  Character  of   Free    Non-political  Business.  — 
Science,  Arts,  Culture,  Religion,  Commerce.  —  Society  Progressive.  — 
States  Protective.  —  Monroe  Doctrine.  —  Licenses.  —  Liberty  of  Industry 
in  China,  Japan,  European  States. — Publius.  —  Cantons  in  Switzerland 
Republics,  when  consolidated  Monarchy.  —  Great   Britain   consolidated 
England,  Ireland,  Scotland,  Wales.  —  Mr.  D'Israeli.  —  Napoleon  III. — 
Missouri  Compromise.  — Division  of  States.  —  Stability  of  Government. 

AT  certain  periods  something,  call  it  an  idea,  genius,  or  as  you 
please,  rules  the  affairs  of  mankind.     Some  say  that,  at  present, 


BUSINESS.  141 

knowledge  rules  the  world,  others  attribute  this  honor  to  money,  or 
cotton,  or  commerce.  Is  this  true  ?  In  some  respects,  yes.  But 
over  knowledge,  money,  cotton,  and  commerce,  there  rules,  no 
doubt,  in  our  age  supremely,  a  stern,  logical,  mathematical,  exact, 
positive,  and  really  tyrannical  master,  whose  name  is  business. 
Its  sway  and  rights  begin  now  to  be  more  universally  felt,  appre- 
ciated, and  respected,  and  nowhere  more  than  in  the  United  States. 

What  are  the  thirty  millions  hoarded  in  the  banks  of  New  York 
without  business  1  Mere  dross.  What  are  the  ships  in  our  har- 
bors without  business  ?  Floating  Spanish  castles.  What  is  all  our 
knowledge,  skill,  enterprise,  and  industry,  without  business  ?  A 
sickly  thing  in  a  crisis.  Business  is  king.  It  is  the  godfather  of 
practical  knowledge.  It  is  industry  drilled  and  in  march.  With- 
out hard  thinking,  exertion,  perseverance,  experimenting,  diligence, 
and  labor  that  sweats  the  brow — in  one  word,  without  methodi- 
cal business,  there  is  no  true  knowledge,  no  real  wealth.  Show  me 
a  single  dollar,  book,  or  other  thing  made  by  man,  which  is  not  the 
product  of  business.  Mere  knowledge  is  culture,  too  often  un- 
practical, until  business  gives  it  tone,  form,  animation,  and  creative 
force.  Mere  gold  is  glitter.  But  let  it  be  carried  by  business 
into  the  streets,  streams,  wheels,  cars,  carts,  shops,  factories,  stores, 
offices,  upon  the  highways  and  seas,  and,  magic-like,  it  will  trans- 
form the  most  common,  inert,  hetereogenous,  rare,  and  incongruous 
things  and  elements  into  a  living,  blissful,  harmonious,  mutually- 
benefitting  whole ! 

The  middle  ages  were  dark,  because  business  was  either  unknown 
or  despised  and  persecuted.  The  sword  and  mitre  were  then  king 
of  the  land.  But  business  prevailed  upon  the  sea,  and  soon  con- 
quered the  land.  Since,  it  has  been  coveted,  privileged,  respected, 
taught,  and  skilfully  systematized  in  the  house,  market,  and  on  the 
field ;  it  is  now  conducted  with  the  precision  of  the  solar  system, 
operating  with  the  velocity  of  electricity,  and  working  with  the 
combined  forces  of  races  and  elements.  See  how  it  presses  the 
"dolce  far  niente"  gents  and  "poco  curante"  lazzaroni -loafer- 
drones  in  Italy  (a  railroad  in  Rome !)  Spain,  Mexico,  and  else- 
where into  its  service  !  how  it  taps,  I  will  not  say  stupid,  but  dark 
Africa,  opens  quaint  Japan,  finds  its  way  into  Chinese  Tartary 
deserts,  and  wherever  idleness  or  false  power  hovers  about  or  un- 
appropriated nature  sleeps  !  Its  sway  is  universal.  Proud  em- 


142  THE   NATIONAL   GOVERNMENT. 

perors  and  haughty  queens,  arrogant  sabre  knights  and  dull  brev- 
iary monks  bow  before  it,  and  become  business  men  in  their  turn. 
Yes,  business  is  king,  and  an  honest,  skilful  business  man  the  true 
nobleman  of  our  age. 

It  is  foreign  to  the  scope  of  my  letters  to  give  you  a  full  picture 
of  the  immense  power  and  sway  of  this  modern  autocrat.  All  I 
can  do  is  to  say,  that  the  earth,  heavens,  and  sea  are  tributary  to 
him  ;  that  all  men  are  his  subjects ;  and  even  the  most  abject 
loafer — that  is,  a  being  who  shuns  business — can  not  drag  on  his 
miserable  existence  without  being  a  cause  of  business  to  others, 
perhaps  jailors  or  hangmen,  as  the  case  may  be. 

I  have,  however,  to  confine  myself  to  one  business  branch,  viz., 
the  political,  which,  to  explain,  requires  quite  a  book.  It  would 
fill  a  library  to  tell  you  all  about  the  diverse  branches  of  business, 
from  that  of  Rothschild  down  to  the  filitier,  from  the  trunk  rail- 
road to  the  cartman,  from  the  cotton-spinner  to  the  needlewoman, 
from  the  miner  to  the  pinmaker,  from  the  planter  to  the  fruit- 
vender,  from  the  Appletons  to  the  rag-picker,  from  the  whaler  to 
the  oysterman,  from  the  ocean  telegramist  to  the  news  pedlars, 
etc.,  for  each  haS  its  own  sphere,  science,  system,  history,  manipu- 
lations, chances,  and  rights.\  Now,  to  understand  the  working  of 
republican  constitutions  and  parties,  one  must  well  know  what  is 
political  business  and  what  not,  and  what  difference  there  is  be- 
tween politicians  and  statesmen.  I  most  certainly  would  not 
trouble  you  so  much  with  those  things,  if  the  happiness  of  fami- 
lies or  society  were  not  so  closely  connected  with  it.  Think  of 
California,  Kansas,  Utah,  to  say  nothing  of  Mexico,  Nicaragua, 
South  America,  Spain,  Italy,  Hungary,  etc. 

If  the  best  men  in  all  ages  devoted  their  wealth,  comfort,  ener- 
gies, and  even  their  lives  to  politics,  it  must  be  something  better,  and 
of  more  importance  to  the  human  family,  than  what  passes  under 
this  name  in  the  newspapers  and  general  conversation.  What 
would  be  our  Union,  if  Washington  and  his  noble  compatriots  had 
devoted  their  lives  exclusively  to  agricultural,  mercantile,  or  manu- 
factural  pursuits  ?  And  what  is  their  merit  ?  They  understood 
the  art  of  politics  well.  They  were  real  statesmen,  acting  for  the 
general  welfare,  differing  entirely  from  those  who  are  at  present 
called  politicians — that  is,  mere  placemen,  or  traders  with  the 
public  affairs  for  their  personal  advantage. 


POLITICAL   BUSINESS.  143 

When  Mr.  Commander  Maury,  in  his  valuable  Letters  to  his 
Sons,  advised  them  not  to  meddle  with  politics,  he  took,  of  course, 
this  word  in  its  improper  sense ;  but  when  I  have  told  you,  my 
sons :  Study  politics  well,  that  you  may  become  masters  of  this 
art,  and  thoroughly  acquainted  with  its  bearing  upon  society,  I 
used  the  word  in  its  proper  sense. 

What  public  or  political  officers,  in  their  capacity  at  public  ex- 
pense, are  doing  is  public  or  political  business,  right  or  wrong. 
The  examination  of  the  water  of  the  Dead  sea,  the  exploration 
of  the  whaling  grounds,  the  explanation  of  the  best  sailing  routes, 
the  looking  through  government  telescopes,  the  riding  on  govern- 
ment camels,  at  government  expense,  and  the  records,  maps  and 
books  published  thereupon  by  the  government ;  hospitality  and 
fireworks  at  public  expense,  all  this  is  public  or  political  busi- 
ness. It  will  be  admitted,  however,  that  these  examples,  and  all 
that  is  done  by  political  officers,  besides  the  realization  of  justice, 
is  spurious  or  improper  political  business,  because  it  is  originally 
private  business.  Any  traveller  may  taste  the  water  of  the  Dead 
se^  any  whaling  captain  may  tell  the  world  all  about  the  feeding 
grounds  of  the  whales  and  the  best  methods  of  catching  them,  etc., 
etc.,  and  at  very  trifling  expense,  too,  while  our  Congress  has 
spent  for  such  spurious  political  business,  in  two  years,  six  millions 
of  dollars  !  Is  not  this  practice  utterly  wrong  ? 

Congress  is  bound  to  protect  private  rights  and  business,  but  not 
to  embark  in  it,  or  divulge  whaling,  fishing,  manufacturing,  and 
scientific  arcanas.  I  have  heard  bitter  complaints  of  the  congres- 
sional whaling  revelations,  because  stirring  up  uncalled-for  com- 
petition. This  apropos. 

Patriotic  and  well-informed  statesmen  established  our  Union, 
and  organized  the  federal  government  on  sound  principles,  leaving 
the  organization  of  the  municipal  affairs  to  their  posterity.  But 
their  place  is  now  occupied  by  speculators  in  politics.  Are  only 
"  hard  times"  raising  patriotic  men  ?  Is  the  flower  patriotism  not 
perennial,  but  only  centennial  ? 

They  well  know  that  the  genuine  political  business,  especially 
that  belonging  to  the  states,  is  not  very  lucrative,  except  the  sala- 
ries are  high  and  afford  a  chance  for  accumulation.  The  pretext 
for  them  is  that  talent  is  scarce  and  very  high  in  price ;  that  new 
offices  are  required  for  certain  business,,  as  for  compromising  or 


144  THE  NATIONAL  GOVERNMENT. 

conciliation,  insolvencies,  banks,  railroads,  etc.,  which  may  be  by 
the  ordinary  officials  attended  to  as  well.  But  their  most  success- 
ful operations  consist  in  manufacturing  bogus  political  business, 
which  they  do  by  drawing  free  social  business  into  the  sphere  of 
states,  for  which  purpose  they  even  break  down  constitutional  town, 
county,  or  city  organizations,  and  consolidate  them,  as  they  call 
this  operation,  to  get  larger  spheres  for  monopolizing  gas  and  rail- 
road companies,  and  all  kinds  of  contracts  and  jobs  beyond  the 
possibility  of  a  control  by  the  people.  These  tactics  are  the 
cause  of  exorbitant  taxes,  debts,  and  inevitable. corruption.  Badly- 
governed  New  York  city  alone,  consequently,  pays  as  much  in 
city  taxes  as  a  respectable  well-managed  kingdom  in  Europe  in 
state  taxes.  To  stem,  now,  this  wrong  current  in  public  affairs 
so  detrimental  to  society,  I  beseech  you,  and  all  men  and  women, 
to  learn  and  understand  well  exactly  what  is  political  business  and 
what  is  not. 

In  a  society  organized  like  ours,  on  the  natural  and  rational 
principle  of  self-government,  the  following  objects  are  private  or 
free  social  and  not  political  business,  viz :  industry,  as  commerce, 
manufactures,  agriculture,  speaking,  lecturing,  preaching,  teaching, 
printing,  painting,  sculpturing,  etc. :  further,  education  in  families 
not  to  be  interfered  with  by  church  or  state  officials ;  instruction 
in  schools,  academies,  colleges,  universities,  etc. ;  literature  ;  reli- 
gion ;  charity  in  regard  to  poor,  infirm,  sick,  etc. ;  travelling ; 
migration  ;  communications  by  canals,  railroads,  etc.  With  these, 
and  similar  affairs,  free  governments  have  directly  nothing  to  do, 
and  should  provide  in  regard  to  them  only  general  laws,  for  the 
administration  of  justice  when  needed.  A  free  state  government 
indeed  never  should  have  the  means  for  such  business.  In  free 
society  men  are  presumptively  perfectly  able  to  manage  those 
objects  alone ;  and  this  ability  constitutes  indeed  the  great  differ- 
ence between  free  and  subject  society.  Subjects,  as  such,  admit 
that  they  expect  from  their  governments  that  they  should  do  all 
for  them.  The  French  emperor  said  this,  without  reserve,  of  the 
Frenchmen,  in  his  speech  from  the  throne  to  the  legislative  body, 
in  1857,  and  therefore  condescended  to  give  advice  about  the  fer- 
tilizing of  the  lands  in  Gascogne.  How  you  would  laugh  if  our 
president  or  one  of  our  governors  should  indulge  in  such  advice ! 
Still,  Congress  meddles  with  similar  things,  as  seed,  books,  etc. ; 


FREE    SOCIAL   BUSINESS.  145 

and  states  have  embarked  in  the  building  of  canals  and  railroads, 
and  the  manufacturing  of  salt,  etc.  This  being  no  political  business 
at  all,  the  consequence  has  been  imposition,  fraud,  corruption,  ex- 
travagant expenses,  high  taxes,  undue  patronage,  overindebtedness 
and  bankruptcy  of  such  states.  I  refer  here  only  to  Pennsylvania 
and  New  York.  There  is  no  probability  that  any  of  our  states 
which  aim  exclusively  at  the  realization  of  justice  ever  will  be  in- 
volved in  debt  or  insolvency.'  The  government  of  Pennsylvania 
is  returning  to  sound  doctrine  and  disposing  of  its  state  railroads 
and  canals.  All  other  states  involved  in  similar  speculations 
have  to  follow  this  example  as  fast  as  possible. 

But  you  may  perhaps  object :  does  not  this  circumscribe  the 
activity  of  governments  too  much?  Is  it  not  the  duty  of  Con- 
gress to  promote  the  general  welfare  ?  I  am  aware  that  these 
words  occur  in  the  preamble  of  the  constitution.  They  have 
been  made  use  of  by  speculative  politicians  of  all  parties  for  all 
kinds  of  schemes,  and  too  often  they  have  succeeded  in  carrying 
them  out  at  enormous  public  expense.  The  truth  is,  however, 
that  no  government  can  promote  the  general  welfare  of  society 
better  than  by  paying  its  undivided  attention  to  the  realization  of 
justice.  If  a  government  should  build  a  canal  on  account  of  the 
general  welfare,  it  must  begin  with  injustice  ;  because  such  a  work 
would  be  built  at  general  expense,  to  which  all  those  who  carry 
freight  now  forwarded  on  the  canal,  also  have  to  contribute.  The 
government  breaks  down,  by  its  canal,  teamsters  and  carriers, 
without  offering  any  indemnification,  and  forces  them  besides 
to  pay  taxes  for  the  canal  and  its  indebtedness.  Instead  of 
protection  and  justice,  this  class  of  citizens  and  all  those  con- 
nected with  the  prior  transportation  business,  are  ruined  by  the 
state.  Later  some  private  citizens  construct  cheap  and  expedi- 
tious railroads,  which  supercede  by  competition  the  government 
canal.  This  canal  being  backed  by  state  power  requires  the  rail- 
roads to  be  taxed  for  its  support — a  tax  which  is  called  "dis- 
criminating duties.''  Thus  begins  and  ends  such  a  canal  in  in- 
justice, simply  because  government  meddles  with  a  private  business 
never  belonging  to  its  proper  province.  Private  people  among 
themselves  are  equal  in  regard  to  competition,  but  not  private 
persons  and  governments.  This  applies  to  books,  salt,  academies, 
universities,  hospitals,  and  everything  governments  undertake 

7 


146  THE   NATIONAL   GOVERNMENT. 

at  public  expense  which  does  not  properly  belong  to  their 
sphere. 

If  all  governments  embark  in  private  business,  for  example, 
railroad  building,  express  lines,  freight  and  passenger  transporta- 
tion on  land  and  sea,  they  can  not  avoid  running  the  race  of  com- 
petition together,  as  it  happens  between  the  Pennsylvania  and 
New  York  state-works,  between  the  New  York  and  Canadian 
canals  and  railroads,  between  the  English,  French,  and  United 
States  mail-steamers.  This  race,  of  course,  is  carried  out  with 
more  or  less  recklessness,  at  the  expense  of  the  people  who  are 
thus  saddled  with  debts  and  high  taxes.  Every  one  who  argues 
fairly,  and  has  a  lively  sense  of  what  is  right  between  govern- 
ments and  governed,  will  admit  that  on  one  hand  the  applying  of 
the  powerful  forces  of  state  institutions  in  such  a  direction  is 
against  the  object  and  dignity  of  government,  and,  on  the  other 
hand,  that  justice  alone  produces  the  highest  social  happiness  and 
welfare  imaginable.  For  this  we  are  exclusively  indebted  to  the 
art  of  politics  ;  because  it  teaches  how  to  organize  society  for  this 
elevated  noble  purpose. 

I  hope  the  time  is  near  when  our  governments  will  vie  with 
each  other  in  regard  to  the  best  law  codes,  the  promptest  admin- 
istration of  justice,  the  greatest  public  order,  economy,  and  safety, 
and  leave  their  intelligent,  enterprising,  wealthy,  and  very  specu- 
lative citizens  at  liberty  to  take  care  of  the  rest. 

If  you  understand  the  nature  of  the  non-political  or  private  busi- 
ness well,  I  can  be  short  in  the  description  of  the  political  business. 
This  is  two-fold  —  national  and  municipal  —  generally  committed  to 
the  care  of  one  institution,  called  a  state.  The  American  states, 
when  framing  the  constitution,  separated  the  national  from  the  muni- 
cipal business,  and  left  the  first  to  the  functional  care  of  Congress. 

First.  Of  the  national  political  business  belonging  to  Congress 
we  have  spoken :  it  is  exceedingly  well  specified  in  the  constitu- 
tion. It  is  managed  by  accountable  and  responsible  representa- 
tives, and  never  by  the  people  directly.  After  deducting  this 
business  there  remains  — 

Second.  For  a  state  the  business  of  organizing  society  politi- 
cally, that  is,  for  the  ends  of  justice  in  municipal  regard  ;  setting 
up  for  this  purpose  a  constitution,  appointing  a  government,  viz: 
a  legislature,  executive,  and  judiciary ;  dividing  society  into  smaller 


POLITICAL  BUSINESS.  147 

political  districts,  viz :  counties  and  townships,  cities  and  villages ; 
distributing  the  political  business,  viz :  the  legislative,  executive, 
and  judicial,  among  them ;  controlling  it ;  organizing  the  state 
(executive)  forces  and  finances ;  enacting  all  general  laws,  codes, 
and  statutes.  The  state  institution  is  also  managed  by  accountable 
representatives,  and  as  supreme  sovereign  organizer  of  society 
never  should  be  what  I  call  a  working  district.  You  will  see  that 
without  states  there  would  be  no  Congress.  (In  regard  to  the 
state  officials,  I  refer  to  the  letters  on  the  constitution  of  the  state 
of  New  York,  in  the  second  part). 

Third.  To  the  counties  rightfully  belong  political  local  business 
of  importance,  and  concerning  people  in  several  towns.  It  is, 
like  the  state  business,  legislative,  executive,  and  judicial,  and 
refers  to  important  civil  and  criminal  cases,  prisons,  penitentiaries, 
forming  of  associations  under  general  laws,  roads,  bridges,  inland 
harbors,  county  forces,  finances,  state  elections,  etc.  There  occur 
supervisors,  sheriffs,  judges,  jurors,  etc.  This  district  is  also  a 
representative  and  working  district.  At  the  head  of  the  execu- 
tive, in  imitation  of  the  federal  constitution,  should  be  appointed 
a  single  responsible  officer,  perhaps  called  overseer. 

Fourth.  To  the  townships  or  towns  rightfully  belong  the  public 
local  business  of  a  more  personal  or  detail  character,  as  voting, 
census,  measures,  weights,  common  schools,  sidewalks,  streets, 
taxation,  abating  of  nuisances,  minor  civil  and  criminal  cases, 
police,  etc.,  generally  enumerated  in  the  statute  books. 

The  town  organization  force  is  but  little  developed.  It  may 
easily  be  used  for  hypothecation  systems,  for  mutual  insurance 
objects,  and  for  various  other  purposes,  even  with  the  help  of 
ladies'  associations.  This  will  be  done  if  left  more  free  by  the 
busybody  legislatures. 

They  are  the  principal  working  districts,  where  often  the 
private  and  public  affairs  are  blended.  They  alone  are  truly 
democratic.  They  make  by-laws,  which  are  executed  by  the 
mayor.  Why  should  not,  in  uniformity  with  the  federal  con- 
stitution, every  township  have  ONE  executive,  assisted  by  con- 
stables or  policemen?  They  have  selectmen  or  aldermen  — 
the  same  thing  in  reality  as  representatives  of  the  people  —  and 
assistants  of  the  executive.  The  judiciary  consists  of  town  judges 
or  justices  of  the  peace,  clerks,  etc. 


148  THE  NATIONAL  GOVERNMENT. 

If  you  will  examine  the  merits  of  a  government,  begin  first 
with  the  towns  (communes),  and  the  management  of  their  pub- 
lic affairs,  before  you  devote  much  time  to  the  reading  of  the 
constitutions  of  the  states,  and  diplomatic  documents,  messages, 
and  other  state  papers.  These  may  all  bear  a  high  character, 
contain  the  loftiest  sentiments,  proclaim  the  soundest  principles, 
still  if  the  towns  (cities,  villages)  are  disorderly,  full  of  row- 
dies, stained  with  crimes,  overburdened  with  taxes,  buried  in 
debts,  or  in  the  hands  of  mobs  or  vigilance  committees,  then 
you  may  safely  hold  that  the  state  institution  itself  is  an  impos- 
ture or  a  failure,  whatever  may  be  its  name.  If  you  will  study 
the  political  character  and  public  morals  of  our  people,  do  not 
go  to  Washington  when  Congress  is  in  session  ;  spend  no  time 
in  metropolises  or  large  cities.  No,  go  into  a  town  and  attend 
several  town  meetings,  and  see  how  the  citizens,  fresh  from  the 
field,  anvil,  and  counting-room,  converse,  debate,  speak  and  re- 
solve, under  a  moderator,  on  their  public  affairs. 

A  general  symptom  of  public  corruption  is  public  debts. 
France  and  Great  Britain  take  here  the  lead.  Spain  owes 
seven  hundred,  Switzerland  two  million  dollars.  Including  the 
political  bank  paper-money,  the  people  of  the  United  States 
have  a  large  public  debt,  almost  as  large  as  Russia,  viz.,  four 
hundred  millions,  a  country  where  public  corruption  and  pro- 
fligacy are  the  rule. 

If  the  towns  are  independent  in  their  home  affairs — under 
state  control,  of  course  —  the  spirit  of  patriotism  and  a  brisk 
emulation  among  the  townships  will  be  kept  alive,  and  a  perma- 
nent home  feeling  and  warm  attachment  created,  from  which  will 
spring  up  those  deeds  of  charity  and  munificence  which  are  the 
true  glory  of  a  free  country.  The  genuine  blessings  of  liberty 
ripen  there.  A  true  home  attachment  can  only  grow  up  in  such 
a  town.  And  this  is  the  reason  why  sensible  citizens,  after  liv- 
ing a  while,  during  the  busy  stage  of  life,  in  large  cities,  gene- 
rally terminate  it  within  the  precincts  of  a  town.  A  state  con- 
stitution should  contain  the  general  organic  dispositions  on  the 
formations  of  towns.  It  might  be  well  to  forbid  the  creating  of 
public  debts,  and  make  self-taxation  in  towns  the  rule;  it  is  better 
than  assessing.  Free  men  are  well  aware  that  public  business 
and  services  cause  expenses.  In  the  free  city  of  Hamburg,  the 


SIZE   OF   STATE,   COUNTY,   TOWN.  149 

principal  taxes  are  raised  by  self-taxation.  The  citizens  assess 
themselves,  and  state  the  amount  of  their  property  in  writing. 
These  statements  are  recorded,  and  a  tax-roll  made  out.  If  a 
fraudulent  estimate  is  discovered,  a  revision  of  the  case  takes 
place  at  the  expense  of  the  citizen,  and  if  there  is  fraud  proved 
or  neglect  prevalent,  he  moreover  exposes  himself  to  punishment 
for  thus  violating  his  duty  as  a  citizen.  It  is  said,  by  all  who 
know  Hamburg,  that  this  self-assessing  never  gives  cause  to  com- 
plaint, and  acts  admirably  well.  It  is  the  only  just  and  respect- 
able manner  to  raise  taxes  among  free  men.  We  may  still  learn 
something  from  Europe. 

Exceptions  from  this  districting  are  incorporated  cities  and  vil- 
lages. If  the  towns  are  well  organized,  and,  when  growing  too 
populous,  conveniently  divided,  the  incorporation  of  cities,  only 
leading  to  bad  centralization,  may  be  obviated  entirely.  Most 
European  cities  were  priorly  fortresses,  and  therefore  densely 
built  up. 

It  is  self-evident,  that  if  in  the  towns  and  counties  the  laws  are 
well  executed,  society  will  be  in  order,  and  that  if  not,  neither  the 
states  proper  nor  Congress  can  do  much  to  avert  the  evil  result- 
ing from  a  bad  execution  of  the  laws. 

It  is  further  obvious,  that  for  a  good  performance  of  the  neces- 
sary political  affairs,  it  is  indispensable  to  make  those  districts  of  the 
right  proportionate  size,  that  is,  neither  too  large  nor  too  small 
in  regard  to  population.  The  best  business  men  can  not  perform 
a  task  which  is  not  adequate  ;  therefore,  the  right  proportion  we 
may  learn  from  history  and  experience.  A  republican  state,  to 
preserve  its  character  well,  should  not  contain  much  over  one 
million  of  inhabitants,  equal  to  two  hundred  thousand  voters  or 
families  ;  a  rural  township  not  much  over  ten  thousand  inhabi- 
tants, equal  to  two  thousand  families  ;  a  city-like  built  township 
not  much  over  twenty  thousand  inhabitants,  equal  to  four  thou- 
sand families  ;  and  a  county  not  over  five  urban  or  ten  rural 
towns. 

The  real  cause  of  the  downfall  of  republics  and  of  their  ex- 
pensive and  corrupt  administration,  is  their  imperfect  organiza- 
tion with  regard  to  size,  population  and  business,  depriving  the 
citizens  of  the  facility  to  control  the  latter  and  their  officials  well. 
Their  mutual  social  control  must  be  preserved  wider  all  circum- 


150  THE   NATIONAL   GOVERNMENT. 

stances.  In  monarchies  the  prince  takes  studiously  the  self-con- 
trol out  of  the  hands  of  the  people.  He  fetters  even  for  this 
purpose  the  press  and  public  discussion,  and  prohibits  meetings, 
etc.,  supplying  it  by  a  pyramid  of  official  bureaus,  controlling 
each  other,  or,  as  the  case  may  be,  deceiving  each  other.  ,  This 
is  called  bureaucracy. 

The  centralization  of  the  business  in  New  York,  Philadelphia, 
and  similar  cities,  makes  it  unwieldly.  The  citizens  of  such 
places  are  not  able  to  control  their  officials,  being  strangers  to 
each  other.  This  applies  also  to  towns  and  counties.  Even  in 
monarchical  Europe,  where  the  people  are  controlled  by  officials, 
large  cities  are  not  so  much  centralized  in  regard  to  their  admin- 
istration as  New  York.  Paris  has  at  least  twelve  mayoralities  or 
municipalities;  London  is  divided  into  some  thirty  odd  wards, 
with  an  alderman  for  each,  who  together  are  properly  the  subor- 
dinate governors  of  their  respective  wards,  under  the  direction  of 
the  lord-mayor,  whom  they  elect.  Besides,  there  is  a  legislative 
council,  forming  a  court  of  two  hundred  and  fifty  members. 
Dresden,  of  about  one  hundred  thousand  inhabitants,  is  divided 
into  three  districts,  which  possess  corporative  rights  and  jurisdic- 
tion. Generally,  the  modern  suburbs  of  old  cities  are  under 
separate  jurisdictions  and  administrations.  Moreover,  large  places 
are  there  guarded  by  strong  garrisons,  and  often  by  fortifications 
and  citadels.  Centralization  has  with  us  become  more  than  a 
fashion  —  a  mania.  Men  have  a  strong  desire  for  forbidden 
things.  Monarchy  is  a  forbidden  fruit  for  us ;  still,  by  central- 
izing towns,  by  letting  towns  grow  up  to  states,  and  states  to  em- 
pires, we  follow  the  monarchical  policy.  The  centralization  of 
the  public  business,  especially  the  legislature,  in  a  few  hands,  is 
the  philosophy  and  substance  of  monarchy.  To  keep  the  busi- 
ness resulting  from  it  in  one  or  a  few  hands,  with  the  emoluments, 
patronage,  and  influence,  standing  armies  are  made  use  of.  &till, 
neither  standing  armies,  nor  castes,  nor  state  churches  would  help 
make  monarchies  without  the  previous  centralization  of  the 
political  business.  By  devoting,  in  the  outset,  a  county  for  a 
city,  as  has  been  done  in  New  York,  Philadelphia  (?)  San  Fran- 
cisco, etc.,  and  making  thus  a  clean  sweep  with  the  townships,  we 
graft  a  monarchical  scion  upon  the  liberty  tree  of  a  free  so- 
ciety. 


.        SIZE   OP   STATE,   COUNTY,   TOWN.  151 

It  is  a  political  error,  except  we  give  to  the  wards  a  similar 
organization  which  properly  belongs  to  the  townships,  which, 
of  course,  would  then  involve  a  mere  change  of  names.  All 
regularly-settled  states,  counties,  and  towns,  within  the  size  I 
have  indicated,  are,  so  far  as  1  am  acquainted  with  them,  well 
managed,  and  free  of  corruption,  which  proves  the  correctness 
of  my  position. 

Exceptions  make  mushroom  states  or  territories,  as  California, 
Kansas,  Utah,  forced  into  existence  by  extraordinary  circum- 
stances. Their  failure  proves  that  republics  are  not  the  work  of 
miners,  projectors,  and  Sharpe's  rifle  associations  and  priestcraft. 
So  we  may  safely  argue  that  all  states,  counties,  and  towns,  be- 
yond the  indicated  size,  have  outrun  their  republican  career. 
They  may,  under  favorable  circumstances,  be  for  a  while  well 
managed ;  still,  this  is  then  more  the  work  of  accident  than  of 
necessity.  Gradually  and  irresistibly  corruption  will  creep  in, 
and  increase  in  proportion  as  the  mutual  control  becomes  less 
practicable.  This  is  a  most  important  truth. 

You  will  now  see  why,  especially  our  large  cities,  swim  in  con- 
stant trouble,  either  with  their  officials  or  with  mobs ;  because 
the  first  can  not  grasp  the  business,  and  if  they  could,  do  not 
serve  long  enough  to  become  thoroughly  acquainted  with  it,  or 
they  may  do  as  they  please,  being  without  a  practical  control  of 
the  people  ;  and  further,  because  mobs  will  invariably  rise  under 
such  circumstances.  We  can  reform  this.  According  to  all  we 
know  of  the  Japanese,  they  understand  very  well  how  to  or- 
ganize large,  densely-populated  districts,  evidently  by  avoiding 
the  centralization  of  the  public  business,  and  by  sustaining  inde- 
pendent town  organizations,  as  the  following  extract  from  Com- 
modore Perry's  report  will  show.  He  says,  page  437,  vol.  ii.  of 
Hakodadi : — 

"  The  town  contains  a  thousand  houses  (probably  ten  thousand 
inhabitants),  belonging  to  the  imperial  fief  of  Matsmai,  and  is  the 
largest  town  on  the  island  of  Tesso,  with  the  exception  of  Mats- 
mai, from  which  it  is  distant  about  thirty  miles  in  an  easterly 
direction.  An  excellent  road  connects  the  two  places,  and  a  large 
trade  is  carried  on  between  them.  This  town  is  regularly  built, 
with  streets  running  at  right  angles  with  each  other.  They  are 
between  thirty  and  forty  feet  in  width,  and  all  carefully  macadam- 


152  THE   NATIONAL   GOVERNMENT. 

ized  to  allow  of  the  proper  draining  of  water.  There  are  open 
gutters  on  each  side,  which  receive  the  drippings  of  the  houses 
and  the  washings  of  the  street,  and  also  well-constructed  sewers, 
through  which  the  surplus  water  and  the  refuse  are  poured  into 
the  bay.  The  sidewalks,  which  are  frequently  paved,  are  curbed 
with  stone  planted  on  edge  as  with  us ;  but  as  no  wheeled  car- 
riages are  found  in  the  town,  the  middle  of  the  street  is  used 
indiscriminately  in  dry  weather  by  the  pedestrian.  Hakodadi, 
like  all  the  Japanese  towns,  is  remarkably  clean,  the  streets  being 
suitably  constructed  for  draining,  and  kept,  by  constant  sprinkling 
and  sweeping,  in  a  neat  and  healthful  condition.  Wooden  picket 
fences  with  gates  cross  the  streets  at  short  intervals  ;  these  are 
opened  for  the  passage  of  the  people  during  the  day,  but  closed  at 
night.  The  same  municipal  regulations  obtain  in  Hakodadi  as  in 
all  the  other  towns  of  Japan.  The  inhabitants  of  the  several 
streets  (blocks,  wards)  form  so  many  separate  communities,  as  it 
were,  responsible  for  the  conduct  of  each  other,  each  governed  by 
an  official  called  '  ottona '  (alderman),  who  is  also  held  responsi- 
ble for  the  good  order  of  the  people  under  his  especial  charge, 
and  these  ottonas  are  also  made  responsible  for  the  conduct  of 
each  other.  The  gates  and  picket  fences  would  seem  to  mark 
out  the  separate  fields  of  duty  of  these  officials.  At  one  side  of 
the  street,  among  the  houses,  there  is  ordinarily  a  sentry-box  for 
a  watchman,  whose  duty  it  is  to  guard  the  town  against  disturb- 
ance, and  give  early  notice  of  the  occurrence  of  fire.  A  general 
quiet  pervades  the  streets — no  turbulent  mob  disturbs  the  general 
peace  and  tranquillity." 

I  regret  that  this  voluminous  pictorial  report  is  silent  about  the 
city  government  proper,  its  costs,  income,  election,  appointment, 
taxes,  etc.  The  administration  of  the  cities  in  America  and 
Europe  is  still  so  imperfect,  that  such  information  should  have 
taken  the  place  of  the  many  useless  pictures  and  local  descrip- 
tions in  this  work.  But  this  notice,  as  meagre  as  it  is,  is  highly 
significant  and  instructive.  The  distribution  of  the  police  should 
be  imitated  at  once.  The  mutual  control  and  responsibility  of  the 
wards  and  the  night  police  are  excellent.  By  such  minute  dis- 
tricting large  densely  built-up  towns  can  be  alone  made  orderly. 

Much  depends  upon  the  political  arithmetic  and  geometry. 
Without  minding  its  rules, 'our  society  must  and  will  become  un- 


SIZE    OF   CONFEDERATION.  153 

ruly.  Who  can,  should  shun  with  his  family  large  places  with 
centralized  administrations,  to  be  not  troubled  by  mobs,  corrup- 
tion, high  exorbitant  taxes,  public  debts,  vigilance  committees, 
extras,  and  other  evils  incident  to  such  defective  political  organi- 
zations. 

There  is,  also,  a  certain  just  measure  for  private  affairs,  as  for 
everything,  which  to  transgress  is  imprudent.  Experience  proves 
that  over-large  farms,  manufactures,  railroads  and  similar  works, 
yield  less  revenue,  suffer  more  from  the  ever-occurring  fluctuations 
of  trade,  and  are  more  exposed  to  losses  by  fraud  than  smaller 
controllable  establishments  of  this  kind.  In  the  late  crisis,  the 
crash  began  with  the  largest  business  concerns.  But  private 
business  being  foreign  to  my  subject,  I  must  leave  it  to  you  to 
ponder  upon  that  which  is  "  overlarge  "  in  this  regard,  and  add 
rather  a  few  words  about  the  proportion  of  a  confederation  like 
ours.  Upon  this  subject  the  political  geography  has  naturally 
much  influence.  The  introduction  of  steam  and  telegraphs,  and 
other  mechanical  discoveries,  facilitate  the  uniting  of  numerous 
small  states.  If  the  central  government  be  strictly  confined  to 
national  business,  it  may  be  extended  until  the  political  geography- 
advises  or  forces  to  stop. 

If  Congress  is  to  meddle  with  such  business  as  road-building, 
sand-banks,  snags  and  flats  removing,  hospital  and  harbor  build- 
ing, cotton-seed,  plants,  Dutch  tulips,  sugar  cane,  camels,  books 
and  pictorials,  and  the  like,  then  our  confederation  is  already  much 
too  large.  Instead  of  making  the  seed-man  for  the  farmers,  and 
the  livery-stable  man  for  those  who  cross  the  Plains,  it  should 
first  discharge  all  legitimate  claims  against  its  treasury,  to  give  a 
telling  example  of  Christian  righteousness  and  Washingtonian 
scrupulous  honesty  to  the  people. 

Thus  we  see  how  important  is  a  correct  understanding  of  what 
is  exactly  political  business  and  what  not,  and  where  it  ought  to 
be  performed,  and  the  right  size  of  the  public  business-districts. 
System  is  a  natural  condition  of  our  mind.  Wherever  combined 
labor  is  required,  it  is  brought  into  a  system,  and  divided,  dis-r 
tributed,  and  so  employed  that,  with  proper  supervision,  it  MUST 
work  well.  The  necessity  of  system,  order  and  proportion,  is  as 
self-evident  in  educational,  mechanical,  manufacturing,  mercantile, 
and  agricultural  establishments,  as  in  households,  towns,  counties, 

7* 


154  THE  NATIONAL   GOVERNMENT. 

states,  and  confederations  of  states.  A  written  regulation  for  any 
one  of  these  concerns  may  be  as  well  called  a  constitution  ;  but 
it  is  usual  to  give  this  name  only  to  one  for  a  social  political 
organization.  Still  its  object  is  the  same :  regulation  of  labor, 
business,  or  functions.  From  this  plain  common-sense  view,  we 
comprehend  best  why  political  organizations  or  constitutions  ought 
to  be  strictly  adapted  to  the  actual  state  of  society  and  business, 
or,  in  one  word,  ought  to  be  practical,  and  not  visionary  and 
Utopian.  The  American  ladies  are  excellent  organizers.  I  hope, 
then,  that  my  letters  will  find  favor  with  them,  however  long  and 
tedious  they  are,  according  to  the  jejune  nature  of  their  subjects. 

The  non-political  business,  if  free,  is  immensely  expansive  and 
progressive,  like  society  itself.  Sciences,  arts,  religion,  commerce, 
etc.,  belong  to  all,  are  for  all.  But  the  political  business  is  con- 
fined to  certain  districts.  Governments  are  not  universal  not  for 
all ;  their  business  is  exclusive,  conservative,  stable,  protective. 
It  is,  as  I  mentioned  before,  a  mistake  to  call  the  state  institutions 
progressive.  Society  alone  is  progressive  under  it,  and  therefore 
this  ought  to  be  stable  to  prevent  confusion.  Insular  position,  like 
that  of  Great  Britain,  or  distance  from  powerful  nations,  like  that 
of  the  United  States,  increases  this  exclusiveness,  and  adds  to  the 
security  and  strength  of  the  government.  From  the  exclusive 
character  of  the  political  business,  sprung  up  what  is  called  the 
Monroe  doctrine,  or  the  principle  that  no  government  has  a  right 
to  meddle  with  the  affairs  of  others.  This  principle  applies  with 
as  much  force  to  families,  towns,  and  counties,  as  to  states  and 
nations,  because  each  ofvthose  concerns  is,  within  its  proper  sphere, 
exclusive  or  independent.  This  rule  may  be  extended  over  a  con- 
tinent, viz.  over  America,  in  regard  to  Europe,  etc.,  if  all  Ameri- 
can governments  would  adopt  and  execute  it.  This  principle, 
however,  will  fall  to  the  ground,  if  all  states  aim  at  nothing  but 
justice,  for  then  there  would  be  no  chance  for  interference  or  en- 
croachments, or  even  treaties,  at  all. 

By  means  of  licenses  a  certain  class  of  public  business  is  com- 
mitted to  the  care  of  private  persons,  as  the  establishing  and 
building  of  ferries,  bridges,  roads,  etc.,  who  derive  their  rights 
from  the  tenor  of  the  license,  which  they  forfeit  by  violation. 
Justice  towards  the  public  is  the  true  cause  of  this  expedient. 
Still  many  governments,  also  in  the  United  States,  have  this  licen- 


LICENSES.  155 

sing  extended  for  the  purpose  of  raising  revenues,  which,  of  course, 
is  an  abusive  infringement  of  free  social  business,  as  commerce, 
trading,  industry,  etc. 

The  real  humane  development  and  culture  depends  upon  the 
liberty  of  industry.  In  the  proportion  governments  interfere  with 
it,  man  is  enslaved.  The  lowest  degree  is  absolute  serfdom. 
Then  come  the  Chinese  and  Japanese  systems,  which  admit  a  cer- 
tain degree  of  internal  industrial  freedom,  but  are  exclusive  in 
regard  to  foreigners.  The  system  of  classifying  the  trades,  and 
arming  them  with  monopolistic  privileges,  still  prevalent  in  many 
states  on  the  European  continent,  follows  next.  Then  we  meet 
the  different  custom  systems,  which  are  more  or  less  exclusive,  or 
— Chinese.  Even  the  patent-  rights  must  be  mentioned  here. 
There  has  not  existed  a  single  government  which,  in  one  way  or 
another,  even  only  by  raising  taxes,  has  not  interfered  with  the 
liberty  of  industry,  so  that  one  may  come  to  the  conclusion  that  a 
full  enjoyment  of  this  freedom  from  all  shackles  is  impracticable, 
if  not  impossible.  Still,  the  truth  can  not  be  denied  that  a  full  ex- 
pansion of  humanity  depends  upon  the  full  enjoyment  of  this 
noble  gift  of  nature. 

"  The  interest  of  the  man  must  be  connected  with  the  consti- 
tutional rights  of  the  place,"  so  says  Publius  (A.  Hamilton)  in 
one  of  his  excellent  articles  on  the  federal  constitution  in  the 
Federalist.  This  is  perfectly  right,  because  by  such  a  connection 
these  interests  are  protected.  Hence  the  necessity  not  to  unsettle 
or  disturb  these  constitutional  rights,  and  my  ardent  pleading  for 
good  stable  town  and  county  organizations  by  the  constitution,  in 
order  to  render  the  naturally  settling  down  force  of  business  se- 
cure. 

The  same  writer  and  statesman  remarks,  that  a  great  difficulty 
of  free  governments  is  to  create  an  effective  control  of  them. 
Now,  is  not  the  only  practical  and  effective  self-control  of  a  gov- 
ernment in  a  constitution  which  expressly  prohibits  to  meddle,  by 
special  laws,  with  the  constitutional  business  of  towns  and  coun- 
ties, and  with  the  free  non-political  business  of  society  at  large, 
school-books  and  the  bible  included  ? 

Men  of  culture  are  attached  to  their  business  interests  like 
slaves  to  their  masters.  It  is  also  well  known  that  the  regular 
occupation  of  man  leaves  an  indelible  impression  upon  his  charac- 


156  THE   NATIONAL   GOVERNMENT. 

ter  and  manners.  The  same  is  true  of  the  political  business. 
Consolidate  the  public  affairs  of  the  small  state-districts,  called 
Cantons  in  Switzerland,  and  soon  the  government  of  the  whole 
will  become  monarchical,  and  the  same  men  who  were  with  soul 
and  body  republicans,  will  become  with  body  and  soul  monarchical 
subjects,  because  their  interest,  their  business,  is  managed  in  a 
monarchical  manner. 

All  the  power  of  the  English  government  is  a  product  of  busi- 
ness centralization,  eulogized  by  D'Israeli  in  his  late  speech  against 
the  Palmerston  cabal.  Still  the  "  military  disasters,"  the  com- 
plaints of  the  clumsy  management  of  the  army  and  the  civil  ser- 
vice, filling  the  blue  books  for  years,  are  the  result  of  this  business 
accumulation  in  London.  Of  course,  Napoleon  III.  praised  cen- 
tralization highly  in  his  speech  at  the  occasion  of  the  celebration 
of  the  enlargement  of  the  Luxembourg  palace. 

Let  us  apply  this  political  business-theory  to  an  important  event 
at  home,  the  abolition  of  the  so-called  Missouri  compromise.  Why 
is  this,  I  ask,  a  most  judicious  statesmanlike  political  act?  An- 
swer :  because  it  removes  from  Congress  the  last  vestige  or  pre- 
cedent of  a  power  to  legislate  on  a  local  business,  bound  labor, 
which  does  not  belong  to  its  constitutional  sphere,  the  direct  con- 
sequence of  which  now  is,  the  full  liberty  to  divide  overgrown 
states  in  the  north,  without  exciting  the  fear  of  the  southern  states 
about  their  local  domestic  affairs,  by  altering  the  senatorial  repre- 
sentation. You  see  that  by  a  slight  mistake  about  such  a  single 
plain  local  business — all  labor  is  business — we  may  risk  the 
stability  of  our  Union,  because  our  southern  fellow-citizens  will 
rather  secede  from  the  Union  than  give  up  the  management  of 
their  own  local  interests ;  and  by  doing  so  they  are  pre-eminently 
right,  and  those  who  interfere  with  them  exceedingly  wrong. 

It  remains  for  me  to  answer  a  single  question  more,  before  I 
conclude  this  long  epistle ;  that  is,  what  government  is  the  most 
stable  ?  that  which  allows  the  greatest  liberty  of  industry.  A 
government  which  follows  the  opposite  theory  must  surround  it- 
self by  a  great  number  of  officials  of  all  sorts,  in  which  regard 
we  have  again  to  mention  first  the  Chinese  and  Japanese  govern- 
ments as  examples.  Commodore  Perry,  in  his  report,  complains 
often  of  swarms  of  officials  and  spies,  commanded  to  exclude  the 
people  from  the  intercourse  with  the  Americans.  The  vexatious 


LICENSES.  157 

busy bodin ess  of  the  mandarins  is  well  known.  Then  follow 
Russia,  France,  Austria,  Prussia,  etc.,  with  their  public,  secret, 
and  detective  police,  gendarmes,  custom-line  guards,  standing 
armies,  etc.,  etc.,  contrivances  which,  in  their  nature,  interfere 
with  industry,  are  galling  to  the  people,  and  undermining  the 
stability  of  governments.  People,  with  a  delicate  frame  of  mind, 
revolt  at  the  idea  that  a  government  may  fetter  the  press,  confis- 
cate books  and  papers,  or  tamper  with  the  spelling  and  reading- 
books  in  schools.  The  first  may  cost  Napoleon  III.  his  crown, 
the  second  will  deprive  a  republican  government  of  its  dignity, 
the  crown  which  adorns  it  and  gives  it  authority.  Also,  the  busi- 
ness of  teaching  should  enjoy  full  liberty.  Upon  the  use  of 
school-books  the  teacher  has  to  decide,  and  not  statesmen. 

Suppose  there  should  be  a  class  of  the  citizens,  from  theologi- 
cal reasons,  opposed  to  the  use  of  the  bible  in  the  public  schools, 
and  a  political  party  interested  in  the  vote  of  this  class,  and  the 
legislature  attempted  to  enforce  by  law  the  use  of  the  bible  for 
instruction,  then  this  party  would  oppose  the  law,  in  order  to  profit 
by  that  vote.  If  now  the  use  of  the  bible  depends  upon  the  law 
or  state  interference,  and  not  upon  the  free  agency  of  teachers 
and  parents,  the  bible  will  likely  remain  excluded  from  ALL  pub- 
lic schools  as  long  as  the  government  is  allowed  to  interfere  with 
such  private  affairs ;  while  the  use  of  this  book  would  be  almost 
general  if  it  depended,  as  it  ought,  wholly  upon  teachers  and 
parents  to  decide  whether  it  shall  be  used  or  not.  But  let  me 
conclude  this  rambling  over  the  immense  field  of  occupation,  in- 
dustry, and  business. 


158  THE   NATIONAL   GOVERNMENT. 


LETTER    XLI. 

Election  Impulses.  —  Social  Movements  organized  in  the  United  States, 
Health  producing.  —  Social  Movements  in  Europe  destructive. — Famine, 
Gold,  Conquest,  Religion,  Liberty.  —  Main  Social-Impulses.  —  Liberty- 
Impulse  of  the  Republican  Party.  —  American  Party  acting  unimpulsive. 
—  Dear  Union-Impulse  of  the  Democratic  Party. 

I  ADD  an  article,  for  the  benefit  of  party  politicians,  written  on 
the  result  of  the  presidential  election  in  1856,  which  may  have 
a  bearing  upon  the  election  in  1860. 

Masses  and  large  assemblages  move  by  impulses,  which  may 
be  right  or  wrong,  genuine  or  sham,  according  to  circumstances. 
Masses  do  not  reason  like  individuals.  Reason  is  cold,  void  of  ca- 
loric, the  impulses  of  society  are  warm,  electric,  and  powerful,  like 
those  which  lift  the  ocean  waves  from  their  repose,  while  those  of 
individuals  are  like  the  forces  which  make  a  rivulet  meandering. 
Still  individuals  and  society,  like  rivulets  and  oceans,  require  for 
their  health  MOTION.  In  free  society  like  ours  the  motion  of  the 
masses  is  foreseen,  organized,  legalized,  the  individual  is  master 
of  himself;  in  subject  so'ciety,  however,  like  that  in  Europe,  its 
motion  is  left  to  nature,  social  tempests,  called  wars,  emeutes,  rev- 
olutions, and  the  individual  is  bemastered  by  restrictions,  caste 
distinctions,  and  a  great  many  other  political  and  clerical  contri- 
vances well  known.  Social  movements  in  Europe  are  mostly  de- 
structive, while  with  us  they  are  a  necessary  part  of  our  social 
regimen  and  well-being.  As  a  general  thing  famine,  gold,  con- 
quest, religion,  and  liberty  are  the  main  impulses  of  grand  social 
movements. 

The  presidential  election  which  just  moved  the  social  sea  of 
twenty-six  millions  can  not  be  understood  without  an  examination 
of  the  various  impulses  at  work.  The  movement  of  the  republi- 
cans was  propelled  by  the  impulse  of  liberty  (and  gold  or  offices 
besides),  that  of  the  democrats  by  the  impulse  of  union  (with  the 
same  indispensable  golden  appendage)  ;  the  effort  of  the  Americans 
did  not  amount  to  an  impulse.  Hunger  or  famine,  conquest  or 
religion,  the  great  social  impulses  in  Europe,  Asia,  etc.,  had,  of 


ELECTION   IMPULSES.  159 

• 

course,  nothing  to  do  with  the  fourth  of  November,  this  movement 
being  appointed  by  law.  It  is  obvious  that  in  free  society  only 
that  impulse  should  succeed  at  national  elections  which  is  just  re- 
quired by  circumstances.  Now,  I  &sk,  was  the  liberty-impulse 
of  the  republicans,  indeed,  a  necessity,  or  merely  manufactured 
for  the  political  trade  ?  My  opinion  is  that  it  was  spurious  and 
mere  sham,  because  in  our  country  the  impulse  of  liberty  has  been 
long  ago,  at  the  time  of  the  revolution  and  by  the  successful  es- 
tablishing of  the  federal  constitution,  entirely  used  up ;  both  events 
have  rendered  us  sufficiently  free,  independent,  and  self-governing. 
When  the  republicans  cried  out  on  the  stump,  in  the  tabernacle, 
in  Wall  street,  "  we  strike  for  liberty,"  everybody  must  have  been 
struck  by  the  folly  and  absurdity  of  the  thing  in  our  absolutely 
free  society. 

But  there  are  slaves  in  the  southern  states !  Well  there  are. 
Can  they,  in  our  free  and  well-organized  society,  be  freed  by  a  so- 
cial movement,  or  anybody  else  but  their  masters  ?  Sane  men  in 
Massachusetts  have  as  little  to  do  with  this  business  in  Georgia  or 
Kansas,  as  with  the  liberation  of  the  subjects  in  Great  Britain 
and  of  the  serfs  in  Russia.  This  sham  liberty  impulse  has  been 
justly  rebuked  in  the  city  of  New  York.  It  failed  there  in  spite 
of  the  most  tremendous  exertion  of  a  host  of  able  editors,  power- 
ful speakers,  and  inspired  preachers  to  the  contrary  notwithstand- 
ing. People  here  appreciated  this  charlatan  liberty-cry  well. 
But  not  so  in  the  distance ;  there  people  believe  in  the  Metropoli- 
tan and  Boston  liberty  stuff,  as  they  are  apt  to  patronize  other 
charlatans  from  these  latitudes.  Hence  the  total  failure  of  the 
republicans  here,  and  their  comparative  success  in  the  provinces. 
Nobody  is  easier  carried  away  by  the  liberty  impulse  than  the 
Europeans,  from  very  natural  reasons.  The  most  influential  Ger- 
man newspapers  joined  the  republicans. 

The  Americans  have  been  entirely  unsuccessful  because  they 
acted  unimpulsive  from  the  beginning.  A  SECRET  society  for  the 
control  of  the  PUBLIC  affairs  is  not  impulsive,  but  to  a  great  many 
indeed  repulsive,  and  so  it  is  the  disapproving  of  the  abolition  of 
the  Missouri  line ;  so  it  is  the  prolongation  of  the  Congressional 
naturalization  term  of  five  years,  actually  disregarded  by  all  state 
legislatures.  Even  the  sentiment  that  we  shall  be  ruled  by  our 
own  laws,  can  never  act  as  a  social  impulse,  because  it  is  a  plain 


160  THE   NATIONAL   GOVERNMENT. 

matter-of-course.  All  this  is  not  moving,  not  propelling,  not 
warming  —  it  is  political,  cold  water  clinic. 

Now,  was  the  union-impulse,  which  moved  the  democratic 
masses,  the  true  one  in  our  time  ?  The  result  of  the  election  says, 
yes  !  It  was  high  TIME  to  settle  in  the  Union  by  a  decisive  pop-: 
ular  vote  the  most  vexatious  business-question :  shall  the  legisla- 
tion of  the  late  Congress  in  regard  to  the  equal  rights  of  our  cit- 
izens in  the  territories  to  rule  themselves  by  their  own  laws,  as  the 
rest  of  us,  also  in  regard  to  free  and  bound  labor,  be  conclusive  or 
not  ?  That  people  in  Pennsylvania  were  not  deceived  by  the  lib- 
erty agitation,  like  others,  is  owing  to  their  steering  for  this  union- 
result  since  1819,  by  resolves  of  their  legislature  and  state  dem- 
ocratic committee,  an  important  item  in  the  history  of  this  election. 

The  plain  result  of  this  grand  election  movement  is,  then,  that 
the  union  sentiment  is  a  stronger  social  impulse  than  abstract  lib- 
erty, and  justly  so,  because  without  a  firm  harmonious  union  we 
could  not  enjoy  our  liberty  at  all.  May  this  sentiment  predomi- 
nate for  ever. 

I  mentioned  the  year  1860.  Then  returns  the  presidential  elec- 
tion and  a  new  run  for  the  offices  and  their  emoluments.  It  may 
be  that  pretext,  liberty  of  the  slave,  will  then  be  again  made  use 
of  to  strengthen  the  party  out  of  office  and  power.  You  will  know 
then  what  it  means,  and  not  be  deceived. 


DECLARATION  OF  INDEPENDENCE.          161 


LETTER    XLII. 

Declaration  of  Independence.  — Defining  of  the  Position  of  the  Young  Na- 
tion.—  Explanation  of  the  Sentence,  "  that  all  men  are  born  equal."  — 
Jefferson's  Letter  explaining  it.' 

IN  this  letter  I  devote  a  few  words  to  the  Declaration  of  Inde- 
pendence, adopted,  after  an  animated  debate,  on  the  4th  of  July, 
1776,  by  the  Congress.  Its  author,  as  you  know,  was  Thomas  Jef- 
ferson, the  most  illustrious  compeer  of  Washington.  The  princi- 
pal object  of  this  celebrated  document  was  :  To  define  the  position 
of  the  young  nation  and  its  government ;  to  declare  why  a  sepa- 
ration from  the  government  of  Great  Britain  had  taken  place,  and 
to  enlisten  the  sympathies  of  the  civilized  nations  and  their  govern- 
ments in  their  favor.  This  declaration  bears  the  character  of  the 
exciting  times  ;  it  boldly  defies  the  authority  of  a  proud  royal  mas- 
ter, who  could  not  listen  to  humble  reiterated  petitions  for  relief 
and  remonstrances  against  arbitrary  legislation  in  small  matters, 
involving,  however,  important  principles.  It  was,  for  the  time-be- 
ing, the  platform  of  the  young  American  nation,  upon  which  the 
war  of  the  Revolution  was  fought.  You  may  call  it  an  arraign- 
ment, an  appeal,  a  challenge,  or  the  "shriek"  of  an  outraged  peo- 
ple ;  but  it  is  no  law.  It  takes  high  ground,  in  powerful  words, 
which,  when  sharply  examined,  would  not  always  bear  criticism. 
The  sentence,  that  all  men  are  created  equal,  is  not  exactly  true, 
both  physically  and  politically.  Not  two  men,  even  not  two  chil- 
dren in  the  same  family,  are  created  alike.  The  same  diversity 
which  distinguishes  all  created  things,  animate  and  inanimate, 
prevails  in  our  race.  Politically  men  are  as  different  as  the  poli- 
cies under  which  they  are  born.  Not  two  men  are  politically 
equal,  and  never  will  be.  Women  and  .men  are  never  absolutely 
equal  in  political  regard.  There  is  no  absolute  equality  of  civil 
rights,  although  every  member  of  society  has  a  right  to  be  treated 
according  to  the  general  principles  of  justice.  Such  allocutions 
to  nations,  or  to  masses,  meetings,  etc.,  are  of  a  rather  poetical 


162         DECLARATION  OF  INDEPENDENCE. 

nature,  calculated  to  rouse  the  feelings.  Only  in  this  form  they 
answer  to  their  purpose ;  it  is  wrong  to  take  them  from  another 
view.  All  platforms,  all  addresses  of  generals  to  their  armies 
on  the  battle-field,  belong  to  the  same  class  of  literary  and  ora- 
torical products.  If  this  sentence  has  a  political  meaning,  it  is  no 
other  than  that  the  authors  of  this  declaration  were  of  the  opinion, 
that  privileged  classes,  as  nobles,  possessed  of  exclusive  heredi- 
tary rights,  as  governing,  exemption  from  taxes,  etc.,  are  incompat- 
ible with  justice.  And  then  it  was  a  seasonable  fling  at  the  Eng- 
lish king  and  nobility,  who  opposed  the  independence  of  the  thir- 
teen colonies,  because  the  people  there  were  BONN  SUBJECTS  of  the 
English  crown.  This  was  especially  opposed  by  Jefferson.  In  a 
much  later  letter,  dated  Monticello,  June  24,  1827,  upon  an  invi- 
tation to  the  anniversary  of  American  Independence,  the  patriot 
wrote :  "  May  it  [our  form  of  government]  be  to  the  world  what 
I  believe  it  will  be,  [to  some  parts  sooner,  to  others  later,  but 
finally  to  all],  the  signal  of  arousing  men  to  burst  the  chains  un- 
der which  monkish  ignorance  and  superstition  had  persuaded 
them  to  bind  themselves,  and  to  assume  the  blessings  and  security 
of  self-government.  The  form  which  we  have  substituted  restores 
the  free  right  to  the  unbounded  exercise  of  reason  and  freedom  of 
opinion.  All  eyes  are  opened  or  opening  to  the  rights  of  man. 
The  general  spread  of  the  lights  of  science  has  already  laid  open 
to  every  view  the  palpable  truth,  that  the  mass  of  mankind  has 
not  been  horn  with  saddles  on  their  backs,  nor  a  favored  few, 
footed  and  spurred,  ready  to  ride  them  legitimately,  by  the  grace 
of  God." 

No  better  explanation  of  the  true  meaning  of  this  much-dis- 
puted sentence  can  be  found  than  that  in  these  lines  of  the  author 
of  the  Declaration  of  Independence.  He  hated  in  1827,  as  well  as 
in  1776,  the  men  who  pretend  that  they  are  born  expressly  to  rule 
mankind.  This  Jefferson  considered  wrong,  and  denied  that  God 
ever  had  created  a  man  for  this  purpose.  So  you  may  never  mis- 
take this  sentence  atxmt  the  equal  creation  of  men,  as  so  many  do, 
from  mere  party  views,  or  a  too  strictly  literal  interpretation. 


DECLARATION   OF   INDEPENDENCE.  163 


DECLARATION  OF  INDEPENDENCE,  JULY  4,  1776. 

The  unanimous  Declaration  of  the  Thirteen  United  States  of  America  in  Con- 
gress assembled. 

WHEN,  in  the  course  of  human  events,  it  becomes  necessary  for  one  people 
to  dissolve  the  political  bands  which  have  connected  them  with  another,  and 
to  assume  among  the  powers  of  the  earth  the  separate  and  equal  station  to 
which  the  laws  of  nature  and  of  nature's  God  entitled  them,  a  decent  respect 
to  the  opinions  of  mankind  requires  that  they  should  declare  the  causes 
which  impel  them  to  the  separation. 

We  hold  these  truths  to  be  self-evident :  that  all  man  are  created  equal ; 
that  they  are  endowed  by  their  Creator  with  certain  unalienable  rights  ;  that 
among  these  are  life,  liberty,  and  the  pursuit  of  happiness  ;  that,  to  secure 
these  rights,  governments  are  instituted  among  men,  deriving  their  just 
powers  from  the  consent  of  the  governed ;  that,  whenever  any  form  of  gov- 
ernment becomes  destructive  of  these  ends,  it  is  the  right  of  the  people  to 
alter  or  to  abolish  it,  and  to  institute  new  government,  laying  its  foundation 
on  such  principles,  and  organizing  its  powers  in  such  form,  as  to  them  shall 
seem  most  likely  to  effect  their  safety  and  happiness.  Prudence,  indeed,  will 
dictate  that  goverments  long  established  should  not  be  changed  for  light  and 
transient  causes  ;  and,  accordingly,  all  experience  hath  shown  that  mankind 
are  more  disposed  to  suffer,  while  evil  are  sufferable,  than  to  right  themselves 
by  abolishing  the  forms  to  which  they  are  accustomed.  But  when  a  long 
train  of  abuses  and  usurpations,  pursuing  invariably  the  same  object,  evinces 
a  design  to  reduce  them  under  absolute  despotism,  it  is  their  right,  it  is  their 
duty,  to  throw  off  such  government,  and  to  provide  new  guards  for  their 
future  security.  Such  has  been  the  patient  sufferance  of  these  colonies,  and 
such  is  now  the  necessity  which  constrains  them  to  alter  their  former  systems 
of  government.  The  history  of  the  present  king  of  Great  Britain  is  a  his- 
tory of  repeated  injuries  and  usurpations,  all  having  in  direct  object  the  es- 
tablishment of  an  absolute  tyranny  over  these  states.  To  prove  this,  let 
facts  be  submitted  to  a  candid  world  : — 

He  has  refused  his  assent  to  laws  the  most  wholesome  and  necessary  for 
the  public  good.  He  has  forbidden  his  governors  to  pass  laws  of  immediate 
and  pressing  importance,  unless  suspended  in  their  operation  till  his  assent 
should  be  obtained  ;  and,  when  so  suspended,  he  has  utterly  neglected  to  at- 
tend to  them.  He  has  refused  to  pass  other  laws  for  the  accomodation  of 
large  districts  of  people,  unless  those  people  would  relinquish  the  right  of 
representation  in  the  legislature  —  a  right  inestimable  to  them,  and  formi- 
dable to  tyrants  only.  He  has  called  together  legislative  bodies  at  places 
unusual,  uncomfortable,  and  distant  from  the  repository  of  their  public  rec- 
ords, for  the  sole  purpose  of  fatiguing  them  into  compliance  with  his  mea- 
sures. He  has  dissolved  representative  houses  repeatedly  for  opposing  with 
manly  firmness  his  invasions  on  the  rights  of  the  people.  He  has  refused, 
for  a  long  time  after  such  dissolutions,  to  cause  others  to  be  elected ;  where- 
by the  legislative  powers,  incapable  of  annihilation,  have  returned  to  the 


164          DECLARATION  OF  INDEPENDENCE, 

people  at  large  for  their  exercise  —  the  state  remaining,  in  the  meantime,  ex- 
posed to  all  the  dangers  of  invasion  from  without  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these  states  —  for  that 
purpose  obstructing  the  laws  of  naturalization  of  foreigners,  refusing  to  pass 
others  to  encourage  their  migration  hither,  and  raising  the  conditions  of  new 
appropriation  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing  his  assent  to 
laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone  for  the  tenure  of  their  of- 
fices and  the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither  swarms  of  offi- 
cers to  harass  our  people  and  eat  out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies,  without  the 
consent  of  our  legislatures. 

He  has  affected  to  render  the  military  independent  of,  and  superior  to,  the 
civil  power. 

He  has  combined  with  others  to  subject  us  to  a  jurisdiction  foreign  to  our 
constitution  and  unacknowledged  by  our  laws  —  giving  his  assent  to  their 
acts  of  pretended  legislation. 

For  quartering  large  bodies  of  armed  troops  among  us  ;  for  protecting 
them,  by  a  mock  trial,  from  punishment  for  any  murders  which  they  should 
commit  on  the  inhabitants  of  these  states  ;  for  cuttirfg  off  our  trade  with  all 
parts  of  the  world;  for  imposing  taxes  on  us  without  our  consent;  for  de- 
priving us,  in  many  cases,  of  the  benefits  of  trial  by  jury ;  for  transporting 
us  beyond  seas  to  be  tried  for  pretended  offences  ;  for  abolishing  the  free 
system  of  English  laws  in  a  neighboring  province,  establishing  therein  an  ar- 
bitrary government,  and  enlarging  its  boundaries,  so  as  to  render  it  at  once 
an  example  and  fit  instrument  for  introducing  the  same  absolute  rule  into 
these  colonies  ;  for  taking  away  our  charters,  abolishing  our  most  valuable 
laws,  and  altering,  fundamentally,  the  forms  of  our  governments ;  for  sus- 
pending our  own  legislatures,  and  declaring  themselves  invested  with  power 
to  legislate  for  us  in  all  cases  whatsover. 

He  has  abdicated  government  here  by  declaring  us  out  of  his  protection 
and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our  towns,  and  des- 
troyed the  lives  of  our  people. 

He  is  at  this  time  transporting  large  armies  of  foreign  mercenaries  to  com- 
plete the  works  of  death,  desolation,  and  tyranny,  already  begun  with  cir- 
cumstances of  cruelty  and  perfidy  scarcely  paralleled  in  the  most  barbarous 
ages,  and  totally  unworthy  the  head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens,  taken  captive  on  the  high  seas,  to 
bear  arms  against  their  country,  to  become  the  executioners  of  their  friends 
and  brethren,  or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  among  us,  and  has  endeavored  to 
bring  on  the  inhabitants  of  our  frontiers  the  merciless  Indian  savages,  whoso 
known  rule  of  warfare  is  an  undistinguished  destruction  of  all  ages,  sexes, 
and  conditions. 


DECLARATION   OF   INDEPENDENCE.  165 

In  every  stage  of  these  oppressions,  we  have  petitioned  for  redress  in  the 
most  humble  terms.  Our  repeated  petitions  have  been  answered  only  by  re- 
peated injury.  A  prince,  whose  character  is  thus  marked  by  every  act  which 
may  define  a  tyrant,  is  unfit  to  be  the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attentions  to  our  British  brethren.  We  have 
warned  them,  from  time  to  time,  of  attempts,  by  their  legislature,  to  extend 
an  unwarrantable  jurisdiction  over  us.  We  have  reminded  them  of  the  cir- 
cumstances of  our  emigration  and  settlement  here.  We  have  appealed  to 
their  native  justice  and  magnanimity,  and  we  have  conjured  them,  by  the 
ties  of  our  common  kindred,  to  disavow  these  usurpations,  which  would  in- 
evitably interrupt  our  connections  and  correspondence.  They,  too,  have 
been  deaf  to  the  voice  of  justice  and  of  consanguinity.  We  must,  therefore, 
acquiesce  in  the  necessity  which  denounces  our  separation,  and  hold  them,  as 
we  hold  the  rest  of  mankind,  enemies  in  war,  in  peace,  frienxls. 

We,  therefore,  the  representatives  of  the  United  States  of  America,  in 
general  Congress  assembled,  appealing  to  the  Supreme  Judges  of  the  World 
for  the  rectitude  of  our  intentions,  do,  in  the  name,  and  by  the  authority  of 
the  good  people  of  these  colonies,  solemnly  publish  and  declare  that  these 
united  colonies  are,  and  of  right  ought  to  be,  free  and  independent  states ; 
that  they  are  absolved  from  all  allegiance  to  the  British  crown,  and  that  all 
political  connection  between  them  and  the  state  of  Great  Britain  is,  and 
ought  to  be,  totally  dissolved  ;  and  that,  as  free  and  independent  states,  they 
have  full  power  to  levy  war,  conclude  peace,  contract  alliances,  establish 
commerce,  and  to  do  all  other  acts  and  things  which  indepen  dent  states  may 
of  right  do.  And  for  the  support  of  this  declaration,  with  a  firm  reliance  on 
the  protection  of  Divine  Providence,  we  mutually  pledge  to  each  other  our 
lives,  our  fortunes,  and  our  sacred  honor. 


166  WASHINGTON'S  CIRCULAR  LETTER. 


LETTER  XLIII. 

Federalist.  —  Hamilton.  —  Monroe.  —  Jay.  —  Washington's  Circular  Letter 
to  the  Governors  of  the  several  States.  —  Articles  of  Confederation  a  loose 
Wickerwork.  —  Enviable  National  and  Political  Condition  of  the  Citizens 
of  America.  —  Civilization. — A  Compact  Indissoluble  Union,  a  Sacred 
Regard  to  Public  Justice,  a  Proper  Peace  Establishment,  a  Good  Friendly 
Mutual  Feeling  among  the  People,  the  Four  Essential  Things  to  the  Well- 
Being,  Existence,  and  Independent  Power  of  the  United  States.  —  Liberty 
is  the  Baisis  of  the  Whole.  —  Crisis,  Political  and  Monetary. 

You  know  from  the  history  of  the  United  States  that  the  first 
effort  to  form  a  government  under  certain  articles  of  confedera- 
tion was  almost  a  total  failure.  To  save  the  country,  some  dis- 
tinguished patriots  wrote  a  series  of  anonymous  articles  in  favor 
of  a  better  Union,  now  collected  in  a  book  called  the  Federalist. 
The  authors  were  Hamilton,  Monroe,  and  Jay.  Washington 
never  wrote  except  in  his  official  duty.  But  a  few  productions 
of  his  pen  may  have  exercised  more  sway  over  the  minds  of  his 
countrymen  than  books.  They  are  patterns  for  official  reports, 
which,  in  modern  times  have  vastly  degenerated.  That  you  may 
have  them  at  hand  I  insert  here  an  extract  from  a  circular  letter, 
written  by  General  Washington,  as  commander-in-chief  of  the 
armies  of  the  United  States  of  America,  to  the  governors  of  the 
several  states,  dated,  Headquarters,  Newburgh,  June  18,  1783. 
In  this  letter  he  states,  first,  that  he  is  preparing  to  resign  and 
return  to  that  domestic  retirement  which  it  is  well  known  he  left 
with  the  greatest  reluctance,  and  after  the  great  object  of  his 
public  activity  had  been  accomplished.  He  further  offers,  before 
retiring  from  public  service,  his  sentiments  respecting  some  im- 
portant subjects  which  appeared  to  him  to  be  intimately  connected 
with  the  tranquillity  of  the  United  States.  That  he  did  not  give 
them  to  the  public  at  large,  or  to  Congress,  but  laid  them  before 
the  governors  of  the  young  independent  states,  was  a  happy  hit 
of  that  common-sense  sagacity  of  which  few  men  possessed  an 
ampler  share  than  Washington.  The  people  were  oppressed  by 


167 

the  burdens  of  the  war ;  the  present  Union  far  from  being  formed ; 
the  articles  of  confederation  a  loose  wickerwork  which  could  be 
broken  down  by  the  defeat  of  a  single  state ;  the-citizens  were  in 
a  state  of  fermentation,  harboring  expectations  difficult  or  impos- 
sible to  realize,  and  even  inclined  to  revolt.  (Shay's  revolt). 
How  wise  was  it,  then,  under  these  critical  circumstances,  to  make 
the  governors,  instead  of  a  book  or  newspaper,  the  depositories  of 
his  sentiments !  Nothing  was  better  calculated  to  dispose  them 
favorably  for  their  realization  as  state  measures.  The  principal 
subject  of  this  address  is  in  his  own  words,  as  follows : — 

"  The  citizens  of  America,  placed  in  the  most  enviable  condition,  as  the 
sole  lords  and  proprietors  of  a  vast  tract  of  continent,  comprehending  all  the 
various  soils  and  climates  of  the  world  and  abounding  with  all  the  necessa- 
ries and  conveniences  of  life,  are  now,  by  the  late  satisfactory  pacification, 
acknowledged  to  be  possessed  of  absolute  freedom  and  independency ;  they 
are  from  this  period  to  be  considered  as  the  actors  on  a  most  conspicuous 
theatre,  which  seems  to  be  peculiarly  designed  by  Providence  for  the  display 
of  human  greatness  and  felicity.  Here  they  are  not  only  surrounded  with 
everything  that  can  contribute  to  the  completion  of  private  and  domestic  en- 
joyment, but  Heaven  has  crowned  all  its  other  blessings  by  giving  a  surer 
opportunity  for  political  happiness  than  any  other  nation  has  ever  been  favored 
with. 

"  Nothing  can  illustrate  these  observations  more  forcibly  than  the  recol- 
lection of  the  happy  conjuncture  of  the  times  and  circumstances  under 
which  our  republic  assumed  its  rank  among  the  nations.  The  foundation 
of  our  empire  has  not  been  laid  in  a  gloomy  age  of  ignorance  and  supersti- 
tion, but  at  an  epoch  when  the  righfs  of  mankind  Avere  better  understood  and 
more  cl'-arly  defined  than  at  any  former  period.  Researches  of  the  human 
mind  after  social  happiness  have  been  carried  to  a  great  extent ;  the  treasures 
of  knowledge  acquired  by  the  labors  of  philosophers,  sages,  and  legislators, 
through  a  long  succession  of  years,  are  laid  open  for  use;  and  their  collected 
wisdom  m;ty  be  happily  applied  in  the  establishment  of  our  forms  of  govern- 
ment. The  free  cultivalion  of  letters,  the  unbounded  extension  of  commerce, 
the  progressive  refinement  of  manners,  the  growing  liberality  of  sentiment, 
and,  above  all,  the  pure  and  benign  light  of  revelation,  have  had  a  meliorating 
influence  on  mankind  and  increased  the  blessings  of  society.  At  this  auspi- 
cious period  the  United  Statts  came  into  exisfence  as  a  nation,  and  if  their 
ciiizens  should  not  be  completely  free  and  happy,  the  fault  will  be  entirely 
their  own. 

"  Such  is  our  situation  and  such  are  our  prospects.  But  notwithstanding 
the  cup  of  blessing  is  thus  reached  out  to  us  —  notwithstanding  happiness  is 
ours  if  we  have  the  disposition  to  seize  the  occasion  and  make  it  our  own, 
yet  it  appears  to  me  there  is  an  option  still  left  to  the  United  States  of 
America  whether  they  will  be  respectable  and  prosperous  or  contemptible  and 


168 

miserable  as  a  nation,.  This  is  the  time  of  their  political  probation ;  this  is 
the  moment  when  the  eyes  of  the  whole  world  are  upon  them ;  this  is  the  time  to 
establish  or  ruin  their  national  character  for  ever ;  this  is  the  favorable 
moment  to  give  such  a  tone  to  the  federal  government  as  will  enable  it  to 
answer  the  ends  of  its  institution;  or  this  maybe  the  ill-fated  moment  for 
relaxing  the  powers  of  the  Union,  annihilating  the  cement  of  the  confedera- 
tion, and  exposing  us  to  become  the  sport  of  European  politics,  which  may  play 
one  state  against  another,  to  prevent  their  growing  importance,  and  to  serve  their 
own  interested  pur-poses  ;  for,  according  to  the  system  of  policy  the  states  shall 
adopt  at  this  moment,  they  will  stand  or  fall ;  and  by  their  confirmation  or 
lapse,  it  is  yet  to  be  decided  whether  the  revolution  must  ultimately  be  con- 
sidered as  a  blessing  or  a  curse ;  a  blessing  or  a  curse  not  to  the  pi-esent  age 
alone,  for  with  our  fate  will  the  destiny  of  unborn  millions  be  involved. 

"  With  this  conviction  of  the  importance  of  the  present  crisis,  silence  in 
me  would  be  a  crime.  I  will  therefore  speak  to  your  excellency  the  lan- 
guage of  freedom  and  sincerity,  without  disguise.  I  am  aware,  however, 
those  who  differ  from  me  in  political  sentiments  may  perhaps  remark  I  am 
stepping  out  of  the  proper  line  of  my  duty;  and  they  may  possibly  ascribe 
to  arrogance  or  ostentation  what  I  know  is  alone  the  result  of  the  purest 
intention;  but  the  rectitude  of  my  own  heart,  which  disdains  such  unworthy 
motives  —  the  part  I  have  hitherto  acted  in  life,  the  determination  I  have 
formed  of  not  taking  any  share  in  public  business  hereafter,  the  ardent  desire 
I  feel  and  shall  continue  to  manifest  of  quietly  enjoying  in  private  life,  after 
all  the  toils  of  war,  the  benefits  of  a  wise  and  liberal  government  —  will,  I 
flatter  myself,  sooner  or  later  convince  my  countrymen  that  I  could  have 
no  sinister  views  in  delivering  with  so  little  reserve  the  opinions  contained  in 
this  address. 

"  There  are  four  things  which  I  humbly  conceive  are  essential  to  the  well- 
being,  I  may  even  venture  to  say,  to  the  existence  of  the  United  States  as 
an  independent  power : — 

"  First.  An  indissoluble  union  of  the  states  under  one  head ; 

"  Second.  A  sacred  regard  to  public  justice ; 

"  Third.  The  adoption  of  a  proper  peace  establishment;  and 

"  Fourth.  The  prevalence  of  that  pacific  and  friendly  disposition  among  the 
people  of  the  United  States  which  will  induce  them  to  forget  their  local  pre- 
judices and  politics,  to  make  those  mutual  concessions  which  are  requisite  to 
the  general  prosperity,  and,  in  some  instances,  to  sacrifice  their  individual 
advantages  to  the  interest  of  the  community. 

"  These  are  the  pillars  on  which  the  glorious  fabric  of  our  independence 
and  national  character  must  be  supported.  Liberty  is  the  basis,  and  whoever 
would  dare  to  sap  the  foundation  or  overturn  the  structure,  under  whatever  spe- 
cious pretext  he  may  attempt  it,  will  merit  the  bitterest  execration  and  the  severest 
punishment  which,  can  be  injlirted  by  his  injured  country  !" 

This  will  amply  compensate  you  for  all  ennui  which  I  may 
have  caused  you  by  these  letters.  You  will,  from  the  tenor  of  this 
extract,  of  which  I  have  put  some  lines  in  italics,  be  aware  how 


169 

clearly  the  political  creation,  the  present  United  States  of  America, 
was  projected  or  rather  cast  in  the  mind  of  this  great  master  of 
the  political  art.  This  heautiful  and  dignified  address  evidently 
produced  the  most  beneficial  effects.  The  fourth  point  should  be 
the  apostolic  rule  for  all  Congress  and  assemblymen,  put  into  all 
political  platforms,  on  all  party  banners,  at  the  head  of  each  issue 
of  a  political  paper.  Dignity,  the  prominent  feature  of  Washing- 
ton's character,  is  the  secret  of  power  depending  upon  public 
opinion.  This  secret  seems  to  be  lost  in  Congress  and  legislatures 
and  our  public  affairs  in  general.  The  political  party  press  has 
much  to  answer  for  it. 

When  General  Washington  wrote  those  lines  the  nation  was 
in  "  a  portentous  crisis,"  in  his  own  words,  owing  to  the  imperfect 
organization  of  the  national  affairs.  The  different  crises  the 
people  of  the  United  States  have  witnessed  since,  and  which  have 
retarded  their  steady  onward  progress  so  much,  originated  mostly 
in  defective  municipal  organization  and  legislation,  especially  in 
regard  to  the  monetary  affairs.  As  by  the  federal  constitution  all 
causes  for  political  national  crises  have  been  happily  removed ;  it 
is  now  with  the  states  to  stop  their  tampering  with  the  currency, 
which  mars  the  splendid  picture  drawn  by  Washington  of  the 
future  of  this  nation. 

8 


170 


LETTER    XLIV. 

Defenders  of  the  Country.  —  Popularity.  —  Citizen-soldier.  —  Standing- Ar- 
my-Soldier. —  Washington.  —  Frederick.  —  Napoleon.  —  Conquest.  — 
Vain-glory.  —  Universal  Peace.  —  Dualistic  Nature  of  Man.  —  Farewell 
Orders  to  the  Armies  by  Washington.  —  Review  of  the  Past  Struggle.  — 
Conduct  for  the  Future. 

THOSE  who  sacrifice  their  lives  for  their  country,  when  in 
danger  of  war,  will  always  command  the  esteem  of  their  fellow- 
citizens,  and  acquire  great  popularity,  especially  if  the  war  be 
one  of  defence  for  the  protection  of  liberty,  and  required  by  jus- 
tice and  honor.  There  is,  however,  a  great  difference  between  a 
citizen-soldier  or  general  and  a  hired  standing-army-soldier  or 
princely  commander.  The  Americans  are  so  fortunate  as  to 
have  in  Washington  a  perfect  pattern  of  a  citizen-general,  while 
the  Europeans  are  proud  of  their  great  Fredericks  and  Napoleons. 
It  is  of  the  highest  importance  that  a  citizen  should  never  in- 
dulge in  ambitious  ideas  of  conquest.  No  general  was  ever  freer 
from  them,  and  of  the  pernicious  passion  of  military  vain-glory 
than  Washington.  Although  a  republican  government,  by  itself, 
is  not  in  need  of  the  support  of  a  standing  army,  like  that  of  a 
prince,  still,  as  mankind  are  organized,  no  commonwealth  can  ex- 
ist, as  such,  without  a  strong  arm  for  the  common  defence.  Univer- 
sal peace  is  an  absolute  idea,  like  that  of  general  virtue,  goodness, 
etc.  We,  as  rational  beings,  can  form  such  ideas  ;  but  the  abso- 
lute universal  perfection,  which  they  pre-suppose  when  realized, 
mankind  never  will  attain,  because  it  is  against  our  nature.  This 
is  of  a  dualistic  kind,  as  life  and  de"ath,  wisdom  and  foolery,  good 
and  bad,  etc.,  mixed  up  in  such  a  manner  that  we  are  not  able  to 
form  an  idea  of  good  without  the  help  of  its  opposite,  that  is, 
bad.  No  one  would  sigh  for  eternal  peace  if  he  was  not  sur- 
rounded by  an  eternal  conflict  of  antagonistic  forces.  It  is,  then, 
clear  that  the  rights  of  nations  can  not  be  maintained  without  an 
adequate  extensive  establishment  for  the  common  defence,  as  the 


WASHINGTON'S  FAREWELL  ORDERS.  171 

federal  constitution  speaks  of  the  military  force,  just  as  the  rights 
of  individuals  would  be  entirely  insecure  without  the  institution 
of  courts,  jails,  etc. 

All  I  desire  from  you,  my  sons,  in  this  regard,  is  to  keep  the 
example  of  a  citizen-soldier,  as  set  up  by  General  Washington, 
before  your  eyes,  when  in  times  that  try  men's  hearts  and  cour- 
age you  are  called  to  arms  for  the  defence  of  your  country. 
Read  the  following  extract,  from  his  farewell  orders  to  the  ar- 
mies of  the  United  States,  dated  Rocky  Hill,  near  Princeton, 
November  2,  1783.  I  insert  them  in  my  letters  because  they 
come  from  the  greatest  pattern  of  a  citizen-soldier,  and  they  ob- 
viously contain  sentiments,  which  have  influenced  the  public  men 
of  his  time,  and  especially  those  who  framed  the  federal  consti- 
tution. He  says : — 

"  Before  the  commander-in-chief  takes  his  final  leave  of  those  he  holds 
most  dear,  he  wishes  to  indulge  himself  a  few  moments,  in  calling  to  mind  a 
slight  review  of  the  past :  he  will,  then,  take  the  liberty  of  exploring  with 
his  military  friends,  their  future  prospects,  of  advising  the  general  line  of 
conduct  which,  in  his  opinion,  ought  to  be  pursued  ;  and  he  will  conclude 
the  address  by  expressing  the  obligations  he  feels  himself  under  for  the 
spirited  and  able  assistance  he  has  experienced  from  them  in  the  perform- 
ance of  an  arduous  office. 

"  A  contemplation  of  the  complete  attainment  (at  a  period  earlier  than 
could  have  been  expected)  of  the  object  for  which  we  contended  against  so 
formidable  a  power,  can  not  but  inspire  us  with  astonishment  and  gratitude. 
The  disadvantageous  circumstances,  on  our  part,  under  which  the  war  was 
undertaken,  can  never  be  forgotten." 

"  In  order  to  remove  the  prejudices  which  may  have  taken  possession  of 
the  minds  of  any  of  the  good  people  of  the  states,  it  is  earnestly  recom- 
mended to  all  the  troops,  that  with  a  strong  attachment  to  the  Union,  they 
should  carry  with  them  into  civil  society  the  most  conciliating  dispositions ;  and 
that  they  should  prove  themselves  not  less  virtuous  and  useful  citizens,  than 
they  have  been  persevering  and  victorious  as  soldiers.  What  though  there 
should  be  some  envious  individuals  who  are  unwilling  to  pay  the  debt  the 
public  has  contracted,  or  to  yield  the  tribute  due  to  merit,  yet  let  such  unwor- 
thy treatment  produce  no  invective,  or  any  instance  of  intemperate  conduct; 
let  it  be  remembered  that  the  unbiased  voice  of  the  free  citizens  of  the 
United  States  has  promised  the  just  reward,  and  given  the  merited  applause  ; 
let  it  be  known  and  remembered  that  the  reputation  of  the  federal  armies  is 
established  beyond  the  reach  of  malevolence  ;  and  let  a  consciousness  of 
their  achievements  and  fame  still  excite  the  men  who  composed  them,  to 
honorable  actions,  under  the  persuasion  that  the  private  virtues  of  economy, 
prudence  and  industry,  will  not  be  less  amiable  in  civil  life  than  the  more 


172  WASHINGTON'S  FAREWELL  ORDERS. 

splendid  qualities  of  valor,  perseverance,  and  enterprise  were  in  the  field. 
And,  although  the  general  has  so  frequently  given  it  as  his  opinion,  in  the 
most  public  and  explicit  manner,  that  unless  the  principles  of  the  federal  govern- 
ment were  properly  supported,  and  the  powers  of  the  Union  increased,  the  honour, 
dignity,  and  justice  of  the  nation  would  be  lost  for  ever,  yet  he  can  not  help  repeat- 
ing, on  this  occasion,  so  interesting  a  sentiment,  and  leaving  it  as  his  last  in- 
junction to  every  officer  and  every  soldier  who  may  view  the  subject  in  the 
same  serious  point  of  light,  to  add  his  best  endeavors  to  those  of  his  worthy 
fellow-citizens,  toward  effecting  these  great  and  valuable  purposes,  on  which 
our  very  existence  as  a  nation  so  materially  depends  !" 

We  learn  here  again  how  this  eminent  man  and  citizen,  and  true 
prototype  of  a  civil  and  military  chief,  tried  to  realize  his  great 
idea  of  a  more  perfect  union  of  the  then  liberated  colonies.  How 
nobly  does  he  speak  to  his  fellow-soldiers  and  companions !  He 
concludes  this  address  with  the  following  touching  words : — 

"  Being  now  to  conclude  these  his  last  public  orders,  to  take  ultimate  leave, 
in  a  short  time,  of  the  military  character,  and  to  bid  a  final  adieu  to  the  ar- 
mies he  has  so  long  had  the  honor  to  command,  he  can  only  again  offer,  in 
their  behalf,  his  recommendations  to  their  grateful  country,  and  his  prayers 
to  the  God  of  armies.  May  ample  justice  be  done  them  here,  and  mav  the 
choicest  of  heaven's  favors,  both  here  and  hereafter,  attend  those,  who  under 
the  divine  auspices,  have  secured  innumerable  blessings  for  others.  With  these 
wishes  and  his  benediction,  the  commander-in-chief  is  about  to  retire  from 
service.  The  curtain  of  separation  will  soon  be  drawn,  and  the  military 
scene  to  him  will  be  closed  for  ever  v 

Under  such  a  commander,  could  the  final  issue  of  the  war  be 
doubtful?  It  makes  one  a  better  man  and  citizen  to  read  Wash- 
ington's public  documents.  They  are  monuments  more  lasting 
than  brass.  You  must  keep  them  before  your  mind  as  perfect 
patterns  of  just  and  noble  sentiments,  that  when  comparing  them 
with  the  products  of  modern  politicians  in  Congress  and  legisla- 
tures, you  may  easily  separate  the  wheat  from  the  chaff,  and  be 
guided  by  them  through  life. 


WASHINGTON'S  FAREWELL  ADDRESS.  173 


LETTER   XLV. 

Washington  elected  President.  —  Organization  of  the  General  Government. 
- —  Retires  from  the  Presidency.  —  His  Farewell  Address  to  the  People  of 
the  United  States,  Sept.  17,  1796. 

GEN.  WASHINGTON  was  not  permitted  to  enjoy  his  rural  re- 
tirement long,  which,  like  the  ancient  Roman  republicans,  he  loved 
so  much.  The  legislature  of  Virginia  chose  him  a  member  of  the 
convention  which  framed  the  federal  constitution  ;  he  was  the  pre- 
siding officer  of  this  most  important  assemblage,  and,  by  the  grate- 
ful people,  elected  as  their  first  president,  under  the  constitution 
which  bears  his  name,  and  for  which  he  labored  so  long.  He  or- 
ganized the  government,  was  elected  for  a  second  term,  and  this 
he  closed  with  an  address  to  the  nation,  universally  known  as 
Washington's  Farewell  Address,  and  acknowledged  by  all  think- 
ing men  as  an  eminently  clear  and  true  exposition  of  the  common- 
sense  principles  of  free  democratic  governments.  I  have  added 
appropriate  heads,  and  recommend  it  to  your  most  careful  atten- 
tion. It  is  the  real  foundation  of  our  American  common  law,  con- 
sidering the  source  from  which  it  comes,  of  more  value  than  Eng- 
lish, Roman,  and  Greek  law-maxims,  and  precedents.  I  add  it 
entire  as  follows  : — 

Declining  a  Re-election. 

"FRIENDS  AND  FELLOW  CITIZENS  —  The  period  for  a  new 
election  of  a  citizen  to  administer  the  executive  government  of  the 
United  States  bei.ng  not  far  distant,  and  the  time  actually  arrived 
when  your  thoughts  must  be  employed  in  designating  the  person 
who  is  to  be  clothed  with  that  important  trust,  it  appears  to  me 
proper,  especially  as  it  may  conduce  to  a  more  distinct  expression 
of  the  public  voice,  that  I  should  now  apprize  you  of  the  resolu- 
tion I  have  formed,  to  decline  being  considered  among  the  num- 
ber of  those  out  of  whom  a  choice  is  to  be  made. 
Reasons  for  Declining. 

"  I  beg  you,  at  the  same  time,  to  do  me  the  justice  to  be  assured, 


174  WASHINGTON'S  FAREWELL  ADDRESS. 

that  this  resolution  has  not  been  taken  without  a  strict  regard  to 
all  the  considerations  appertaining  to  the  relation  which  binds  a 
dutiful  citizen  to  his  country  ;  and  that,  in  withdrawing  the  tender 
of  service  which  silence  in  my  situation  might  imply,  I  am  in- 
fluenced by  no  diminution  of  zeal  for  your  future  interest,  no  de- 
ficiency of  grateful  respect  for  your  past  kindness ;  but  am  sup- 
ported by  a  full  conviction  that  the  step  is  compatible  with  both. 

State  Reasons  for  serving  a  Second  Time. 

"  The  acceptance  of,  and  continuance  hitherto  in,  the  office  to 
which  your  suffrages  have  twice  called  me,  have  been  a  uniform 
sacrifice  of  inclination  to  the  opinion  of  duty,  and  to  a  deference 
for  what  appeared  to  be  your  desire.  I  constantly  hoped  that  it 
would  have  been  much  earlier  in  my  power,  consistently  with  mo- 
tives which  I  was  not  at  liberty  to  disregard,  to  return  to  that  re- 
tirement from  which  I  had  been  reluctantly  drawn.  The  strength 
of  my  inclination  to  do  this,  previous  to  the  last  election,  had  even 
led  to  the  preparation  of  an  address  to  declare  it  to  you  :  but  ma- 
ture reflection  on  the  then  perplexed  and  critical  posture  of  our 
affairs  with  foreign  nations,  and  the  unanimous  advice  of  persons 
entitled  to  my  confidence,  impelled  me  to  abandon  the  idea. 

The  State  of  the  Public  Affairs  favors  his  Retirement  from  Office. 

"  I  rejoice  that  the  state  of  your  concerns,  external  as  well  as  in- 
ternal, no  longer  renders  the  pursuit  of  inclination  incompatible 
with  the  sentiment  of  duty  or  propriety  ;  and  am  persuaded, 
whatever  partiality  may  be  retained  for  my  services,  that,  in  the 
present  circumstances  of  our  country,  you  will  not  disapprove  my 
determination  to  retire. 

"  The  impressions  with  which  I  first  undertook  the  arduous 
trust  were  explained  on  the  proper  occasion.  In  the  discharge 
of  this  trust,  I  will  only  say,  that  I  have  with  good  intentions  con- 
tributed toward  the  organization  and  administration  of  the  gov- 
ernment, the  best  exertions  of  which  a  very  fallible  judgment 
was  capable.  Not  unconscious,  in  the  outset,  of  the  inferiority  of 
my  qualifications,  experience  in  my  own  eyes,  perhaps  still  more 
in  the  eyes  of  others,  has  strengthened  the  motives  to  diffidence 
of  myself :  and  every  day  the  increasing  weight  of  years  admon- 
ishes me  more  and  more,  that  the  shade  of  retirement  is  as  neces- 
sary to  me  as  it  will  be  welcome.  Satisfied  that  if  any  circum- 


WASHINGTON'S  FAREWELL  ADDRESS.  175 

stances  have  given  peculiar  value  to  my  services,  they  were  tem- 
porary, I  have  the  consolation  to  believe,  that  while  choice  and 
prudence  invite  me  to  quit  the  political  scene,  patriotism  does  not 
forbid  it. 

Sentiments  of  Gratitude  for  Confidence. 

"  In  looking  forward  to  the  moment  which  is  intended  to  ter- 
minate the  career  of  my  public  life,  my  feelings  do  not  permit  me 
to  suspend  the  deep  acknowledgment  of  that  debt  of  gratitude 
which  I  owe  to  my  beloved  country,  for  the  many  honors  it  has 
conferred  upon  me ;  still  more  for  the  steadfast  confidence  with 
which  it  has  supported  me;  and  for  the  opportunities  I  have 
thence  enjoyed  of  manifesting  my  inviolable  attachment,  by  ser- 
vices faithful  and  persevering,  though  in  usefulness  unequal  to  my 
zeal.  If  benefits  have  resulted  to  our  country  from  these  ser- 
vices, let  it  always  be  remembered  to  your  praise,  and  as  an  in- 
structive example  in  our  annals,  that  under  circumstances  in 
which  the  passions,  agitated  in  every  direction,  were  liable  to 
mislead — amidst  appearances,  sometimes  dubious — vicissitudes  of 
fortune  often  discouraging — in  situations,  in  which  not  unfre- 
quently,  want  of  success  has  countenanced  the  spirit  of  criticism 
— the  constancy  of  your  support  was  the  essential  prop  of  the 
efforts,  and  a  guaranty  of  the  plans  by  which  they  were  effected. 
Profoundly  penetrated  with  this  idea,  I  shall  carry  it  with  me  to 
my  grave,  as  a  strong  incitement  to  unceasing  wishes,  that  heaven 
may  continue  to  you  the  choicest  tokens  of  its  beneficence — that 
your  union  and  brotherly  affection  may  be  perpetual — that  the 
free  constitution,  which  is  the  work  of  your  hands,  may  be  sacredly 
maintained — that  its  administration,  in  every  department,  may  be 
stamped  with  wisdom  and  virtue — that,  in  fine,  the  happiness  of 
the  people  of  these  states,  under  the  auspices  of  liberty,  may  be 
made  complete  by  so  careful  a  preservation,  and  so  prudent  a  use 
of  this  blessing,  as  will  acquire  to  them  the  glory  of  recommend- 
ing it  to  the  applause,  the  affection,  and  the  adoption,  of  every 
nation  which  is  yet  a  stranger  to  it. 

Advice  and  Warnings  of  a  parting  Friend. 

"  Here,  perhaps,  I  ought  to  stop.  But  a  solicitude  for  your 
welfare,  which  can  not  end  but  with  my  life,  and  the  apprehension 
of  danger  natural  to  that  solicitude,  urge  me,  on  an  occasion  like 


176  WASHINGTON'S  FAREWELL  ADDRESS. 

the  present,  to  offer  to  your  solemn  contemplation,  and  to  recom- 
mend to  your  frequent  review,  some  sentiments  which  are  the 
result  of  much  reflection,  of  no  inconsiderable  observation,  and 
which  appear  to  me  all-important  to  the  permanency  of  your 
felicity  as  a  people.  These  will  be  offered  to  you  with  the  more 
freedom,  as  you  can  only  see  in  them  the  disinterested  warnings 
of  a  parting  friend,  who  can  possibly  have  no  personal  motive  to 
bias  his  counsel.  Nor  can  I  forget,  as  an  encouragement  to  it, 
your  indulgent  reception  of  my  sentiments  on  a  former  and  not 
dissimilar  occasion. 

Of  American  Liberty,  and  its  main  Pillar  the  Union. 

"  Interwoven  as  is  the  love  of  liberty  with  every  ligament  of 
your  hearts,  no  recommendation  of  mine  is  necessary  to  fortify  or 
confirm  the  attachment. 

"  The  unity  of  government,  which  constitutes  you  one  people, 
is  also  now  dear  to  you.  It  is  justly  so ;  for  it  is  a  main  pillar  in 
the  edifice  of  your  real  independence — the  support  of  your  tran- 
quillity at  home,  your  peace  abroad;  of  your  safety,  of  your 
prosperity,  of  that  very  liberty  which  you  so  highly  prize.  But, 
as  it  is  easy  to  foresee,  that  from  different  causes,  and  from  dif- 
ferent quarters,  much  pains  will  be  taken,  many  artifices  employed, 
to  weaken  in  your  minds  the  conviction  of  this  truth  ;  as  this  is 
the  point  in  your  political  fortress,  against  which  the  batteries  of 
internal  and  external  enemies  will  be  most  constantly  and  actively 
(though  often  covertly  and  insiduously)  directed,  it  is  of  infinite 
moment  that  you  should  properly  estimate  the  immense  value  of 
your  national  Union  to  your  collective  and  individual  happiness ; 
that  you  should  cherish  a  cordial,  habitual,  and  immovable  attach- 
ment to  it ;  accustoming  yourselves  to  think  and  speak  of  it.  as  of 
the  palladium  of  your  political  safety  and  prosperity;  watching 
for  its  preservation  with  jealous  anxiety ;  discountenancing  what- 
ever may  suggest  even  a  suspicion  that  it  can,  in  any  event,  be 
abandoned ;  and  indignantly  frowning  upon  the  first  dawning  of 
every  attempt  to  alienate  any  portion  of  our  country  from  the 
rest,  or  to  enfeeble  the  sacred  ties  which  now  link  together  the 
various  parts. 
The  Name  of  American  to  be  sacredly  appreciated  by  Citizens  by  Birth  or  Choice, 

"  For  this  you  have  every  inducement  of  sympathy  and  interest. 


WASHINGTON'S  FAREWELL  ADDRESS.  177 

Citizens,  by  birth  or  choice,  of  a  common  country,  that  country 
has  a  right  to  concentrate  your  affections.  The  name  of  AMERI- 
CAN,* which  belongs  to  you,  in  your  national  capacity,  must 
always  exalt  the  just  pride  of  patriotism,  more  than  any  appella- 
tion derived  from  local  discriminations.  With  slight  shades  of 
difference,  you  have  the  same  religion,  manners,  habits,  and  polit- 
ical principles.  You  have,  in  a  common  cause,  fought  and 
triumphed  together ;  the  independence  and  liberty  you  possess 
are  the  work  of  joint  councils,  and  joint  efforts,  of  common  dan- 
gers, sufferings,  and  successes. 

Union  of  Interests.     No  North,  no  South,  no  East,  no  West,  in  regard  to  them. 

"  But  these  considerations,  however  powerfully  they  address 
themselves  to  your  sensibility,  are  greatly  outweighed  by  those 
which  apply  more  immediately  to  your  interest.  Here  every 
'portion  of  our  country  finds  the  most  commanding  motives  for 
carefully  guarding  and  preserving  the  union  of  the  whole. 

"  The  North,  in  an  unrestrained  intercourse  with  the  South, 
protected  by  the  equal  laws  of  a  common  government,  finds  in  the 
productions  of  the  latter  great  additional  resources  of  maritime 
and  commercial  enterprise,  and  precious  materials  of  manufactur- 
ing industry.  The  South,  in  the  same  intercourse,  benefiting  by 
the  agency  of  the  North,  sees  its  agriculture  grow,  and  its  com- 
merce expand.  Turning  partly  into  its  own  channels  the  seamen 
of  the  North,  it  finds  its  particular  navigation  invigorated — and 
while  it  contributes,  in  different  ways,  to  nourish  and  increase  the 
general  mass  of  the  national  navigation,  it  looks  forward  to  the 
protection  of  a  maritime  strength,  to  which  itself  is  unequally 
adapted. 

"  The  East,  in  like  intercourse  with  the  West,  already  finds, 
and  in  the  progressive  improvement  of  interior  communication, 
by  land  and  water,  will  more  and  more  find  a  valuable  vent  for 
the  commodities  which  it  brings  from  Abroad,  or  manufactures  at 
home.  The  West  derives  from  the  East  supplies  requisite  to  its 
growth  and  comfort ;  and  what  is,  perhaps,  of  still  greater  conse- 
quence, it  must  of  necessity  owe  the  secure  enjoyment  of  the  indis- 
pensable outlets,  for  its  own  productions,  to  the  weight,  influence, 

*  For  Washington's  sake  this  name  should  never  have  been  degraded  to 
a  party  cognomen. 

8* 


178  WASHINGTON'S  FAREWELL  ADDRESS. 

and  the  future  maritime  strength  of  the  Atlantic  side  of  the  Union, 
directed  by  an  indissoluble  community  of  interest  as  one  nation. 
Any  other  tenure  by  which  the  West  can  hold  this  essential  ad- 
vantage, whether  derived  from  its  own  separate  strength,  or  from 
an  apostate  and  unnatural  connection  with  any  foreign  power, 
must  be  intrinsically  precarious. 

In  Union,  Security  from  External  Danger  and  Internal  Commotions,  without  re- 
quiring a  large  Army. 

"  While  then  every  part  of  our  country  thus  feels  an  immediate 
and  particular  interest  in  union,  all  the  parts  combined  can  not  fail 
to  find  in  the  united  mass  of  means  and  efforts,  greater  strength, 
greater  resource,  proportionably  greater  security,  from  external 
danger — a  less  frequent  interruption  of  their  peace  by  foreign 
nations  —  and,  what  is  of  inestimable  value,  they  must  derive, 
from  union,  an  exemption  from  those  broils  and  wars  between 
themselves,  which  so  frequently  afflict  neighboring  countries  not 
tied  together  by  the  same  government,  which  their  own  rivalships 
alone  would  be  sufficient  to  produce,  but  which  opposite  foreign 
alliances,  attachments,  and  intrigues,  would  stimulate  and  embitter. 
Hence,  likewise,  they  will  avoid  the  necessity  of  those  overgrown 
military  establishments,  which,  under  any  form  of  government, 
are  inauspicious  to  liberty,  and  which  are  to  be  regarded  as  par- 
ticularly hostile  to  republican  liberty.  In  this  sense  it  is,  that 
your  Union  ought  to  be  considered  as  a  main  prop  of  your  lib- 
erty, and  that  the  love  of  the  one  ought  to  endear  to  you  the 
preservation  of  the  other. 

The  Government  of  the   Union  will  be  Efficient,  if  the  ivhole  is  properly  organ- 
ized in  States,  Counties,  Towns,  (Cities,  Villages). 

*'  These  considerations  speak  a  persuasive  language  to  every 
reflecting  and  virtuous  mind,  and  exhibit  the  continuance  of  the 
Union  as  a  primary  object  of  patriotic  desire.  Is  there  a  doubt 
whether  a  common  government  can  embrace  so  large  a  sphere  ? 
Let  experience  solve  it.  To  listen  to  mere  speculation  in  such  a 
case  were  criminal.  We  are  authorized  to  hope  that  a  proper  or- 
ganization of  the  whole,  with  the  auxiliary  agency  of  governments 
for  the  respective  sub-divisions,  will  afford  a  happy  issue  to  the 
experiment.  It  is  well  worth  a  fair  and  full  experiment.  With 
such  powerful  and  obvious  motives  to  union,  affecting  all  parts  of 


179 

our  country,  while  experience  shall  not  have  demonstrated  its  im- 
practicability, there  will  always  be  reason  to  distrust  the  patriot- 
ism of  those,  who,  in  any  quarter,  may  endeavor  to  weaken  its 
bands. 

Geographical  Parties  and  their  Danger.     No  Missouri  Lines. 

"In  contemplating  the  causes  which  may  disturb  our  Union,  it 
occurs,  as  a  matter  of  serious  concern,  that  any  ground  should  have 
been  furnished  for  characterizing  parties  by  geographical  discrim- 
inations, Northern  and  Southern,  Atlantic  and  Western  —  whence 
designing  men  may  endeavor  to  excite  a  belief  that  there  is  a 
real  difference  of  local  interest  and  view.  One  of  the  expedients 
of  party  to  acquire  influence  within  particular  districts,  is  to  mis- 
represent the  opinions  and  aims  of  other  districts.  You  can  not 
shield  yourselves  too  much  against  the  jealousies  and  heart-burn- 
ings which  spring  from  these  misrepresentations ;  they  tend  to 
render  alien  to  each  other  those  who  ought  to  be  bound  together 
by  fraternal  affection.  The  inhabitants  of  our  western  country 
have  lately  had  a  useful  lesson  on  this  head :  they  have  seen,  in 
the  negotiation,  by  the  executive,  and  in  the  unanimous  ratifica- 
tion, by  the  senate,  of  the  treaty  with  Spain,  and  in  the  universal 
satisfaction  at  that  event  throughout  the  United  States,  a  decisive 
proof  how  unfounded  were  the  suspicions  propagated  among  them, 
of  a  policy  in  the  general  government  and  in  the  Atlantic  states 
unfriendly  to  their  interests  in  regard  to  the  Mississippi :  they 
have  been  witnesses  to  the  formation  of  two  treaties,  that  with 
Great  Britain,  and  that  with  Spain,  which  secure  to  them  every- 
thing they  could  desire,  in  respect  to  our  foreign  relations,  toward 
confirming  their  prosperity.  Will  it  not  be  their  wisdom  to  rely 
for  the  preservation  of  these  advantages  on  the  Union,  by  which 
they  were  procured  ?  Will  they  not,  henceforth,  be  deaf  to  those 
advisers,  if  such  there  are,  who  would  sever  them  from  their  breth- 
ren, and  connect  them  with  aliens  ? 

A  Common  National  Government  Preferable  to  State  Alliances. 

"  To  the  efficacy  and  permanency  of  your  Union,  a  government 
for  the  whole  is  indispensable.  No  alliances,  however  strict,  be- 
tween the  parts,  can  be  an  adequate  substitute ;  they  must  inevi- 
tably experience  the  infractions  and  interruptions  which  alliances, 
in  all  times,  have  experienced.  Sensible  of  this  momentous  truth, 


180  WASHINGTON'S  FAREWELL  ADDRESS. 

you  have  improved  upon  your  first  essay,  by  the  adoption  of  a 
constitution  of  government,  better  calculated  than  your  former, 
for  an  intimate  union,  and  for  the  efficacious  management  of  your 
common  concerns.  This  government,  the  offspring  of  our  own 
choice,  uninfluenced  and  unawed,  adopted  upon  full  investigation 
and  mature  deliberation,  completely  free  in  its  principles,  in  the 
distribution  of  its  powers,  uniting  security  with  energy,  and  con- 
taining within  itself  a  provision  for  its  own  amendment,  has  a  just 
claim  to  your  confidence  and  your  support.  Respect  for  its  au- 
thority, compliance  with  its  laws,  acquiescence  in  its  measures, 
are  duties  enjoined  by  the  fundamental  maxims  of  true  liberty. 
The  basis  of  our  political  system  is  the  right  of  the  people  to 
make  and  to  alter  their  constitutions  of  government.  But  the 
constitution  which  at  any  time  exists,  until  changed  by  an  explicit 
and  authentic  act  of  the  whole  people,  is  sacredly  obligatory  upon 
all.  The  very  idea  of  the  power  and  the  right  of  the  people  to 
establish  government,  pre-supposes  the  duty  of  every  individual 
to  obey  the  established  government. 

Factions  Opposing  the  Government  to  be  Discountenanced. 
."  All  obstructions  to  the  execution  of  the  laws,  all  combinations 
and  associations,  under  whatever  plausible  character,  with  the  real 
design  to  direct,  control,  counteract,  or  awe,  the  regular  delibera- 
tion and  action  of  the  constituted  authorities,  are  destructive  of 
this  fundamental  principle,  and  of  fatal  tendency.  They  serve  to 
organize  faction,  to  give  it  an  artificial  and  extraordinary  force,  to 
put  in  the  place  of  the  delegated  will  of  the  nation  the  will  of  a 
party,  often  a  small  but  artful  and  enterprising  minority  of  the 
community ;  and  according  to  the  alternate  triumphs  of  different 
parties  to  make  the  public  administration  the  mirror  of  the  ill- 
concerted  and  incongruous  projects  of  faction,  rather  than  the 
organ  of  consistent  and  wholesome  plans,  digested  by  common 
councils  and  modified  by  mutual  interests. 

Warnings  against  Factions  Subverting  Constitutions,  Franchises,  and  the 
Eights  of  the  People. 

"  However  combinations  or  associations  of  the  above  description 
may  now  and  then  answer  popular  ends,  they  are  likely,  in  the 
course  of  time  and  things,  to  become  potent  engines  by  which 
cunning,  ambitious,  and  unprincipled  men  will  be  enabled  to  sub- 
vert the  power  of  the  people,  and  to  usurp  for  themselves  the 


WASHINGTON'S  FAREWELL  ADDRESS.  181 

reigns   of   government,  destroying   afterward   the  very   engines 
which  had  lifted  them  to  unjust  dominion. 

Warnings  against  Innovations  made  in  the  Constitution  by  unprincipled  Men. 

"  Toward  the  preservation  of  your  government  and  the  perma- 
nency of  your  present  happy  state,  it  is  requisite  not  only  that 
you  steadily  discountenance  irregular  oppositions  to  its  acknowl- 
edged authority,  but  also  that  you  resist  with  care  the  spirit  of 
innovation  upon  its  principles,  however  specious  the  pretexts. 

"  One  method  of  assault  may  be,  to  effect  in  the  forms  of  the 
constitution  alterations  which  will  impair  the  energy  of  the  system, 
and  thus  undermine  what  can  not  be  directly  overthrown.  In  all 
the  changes  to  which  you  may  be  invited,  remember  that  time  and 
habit  are  at  least  as  necessary  to  fix  the  true  character  of  govern- 
ments as  of  other  human  institutions;  that  experience  is  the  surest 
standard  by  which  to  test  the  real  tendency  of  the  existing  con- 
stitutions of  a  country ;  that  facility  in  changes  upon  the  credit  of 
mere  hypothesis  and  opinion  exposes  to  perpetual  change,  from 
the  endless  variety  of  hypothesis  and  opinion  ;  and  remember, 
especially,  that  for  the  efficient  management  of  your  common 
interests  in  a  country  so  extensive  as  ours,  a  government  of  as 
much  vigor  as  is  consistent  with  the  perfect  security  of  liberty  is 
indispensable.  Liberty  itself  will  find  in  such  a  government,  with 
powers  properly  distributed  and  adjusted,  its  surest  guardian.  It 
is,  indeed,  little  else  than  a  name,  where  the  government  is  too 
feeble  to  withstand  the  enterprises  of  faction,  to  confine  each 
member  of  the  society  within  the  limits  prescribed  by  the  laws, 
and  to  maintain  all  in  the  secure  and  tranquil  enjoyment  of  the 
rights  of  person  and  property. 

Warnings  against  Parties  ;  their  Violence  ;  Spirit  of  Revenge  leading  to 
Despotism. 

"  I  have  already  intimated  to  you  the  danger  of  parties  in  the 
state,  with  particular  reference  to  the  founding  of  them  upon  geo- 
graphical discriminations.  Let  me  now  take  a  more  comprehen- 
sive view  and  warn  you  in  the  most  solemn  manner  against  the 
baneful  effects  of  a  spirit  of  party  generally. 

"  This  spirit,  unfortunately,  is  inseparable  from  our  nature, 
having  its  root  in  the  strongest  passions  of  the  human  mind.  It 
exists  under  different  shapes  in  all  governments,  more  or  less 


182  WASHINGTON'S  FAREWELL  ADDRESS. 

« 

stifled,  controlled,  or  oppressed ;  but  in  those,  of  the  popular  form 
it  is  seen  in  its  greatest  rankness  and  is  truly  their  worst  enemy. 

"  The  alternate  domination  of  one  faction  over  another,  sharp- 
ened by  the  spirit  of  revenge  natural  to  party  dissension,  which 
in  different  ages  and  countries  has  perpetrated  the  most  horrid 
enormities,  is  itself  a  frightful  despotism.  But  this  leads  at  length 
to  a  more  formal  and  permanent  despotism.  The  disorders  and 
miseries  which  result,  gradually  incline  the  minds  of  men  to  seek 
security  and  repose  in  the  absolute  power  of  an  individual ;  and 
sooner  or  later  the  chief  of  some  prevailing  faction,  more  able  or 
more  fortunate  than  his  competitors,  turns  this  disposition  to  the 
purposes  of  his  own  elevation,  on  the  ruins  of  the  public  liberty. 

Warnings  against  Parties  who  Open  the  Door  to  Foreign  Influence  and 
Corruption. 

"  Without  looking  forward  to  an  extremity  of  this  kind,  (which 
nevertheless  ought  not  to  be  entirely  out  of  sight),  the  common 
and  continual  mischiefs  of  the  spirit  of  party  are  sufficient  to  make 
it  the  interest  and  duty  of  a  wise  people  to  discourage  and  restrain 
it.  It  serves  always  to  distract  the  public  councils  and  enfeeble 
the  public  administration.  It  agitates  the  community  with  ill- 
founded  jealousies  and  false  alarms ;  kindles  the  animosity  of  one 
part  against  another ;  foments  occasionally  riot  and  insurrection. 
It  opens  the  door  to  foreign  influence  and  corruption,  which  find  a 
facilitated  access  to  the  government  itself  through  the  channels  of 
party  passion.  Thus  the  policy  and  will  of  one  country  are  sub- 
jected to  the  policy  and  will  of  another. 

Parties  (especially  Standing),  not  to  be  Encouraged. 

"  There  is  an  opinion  that  parties  in  free  countries  are  useful 
checks  upon  the  administration  of  the  government,  and  serve  to 
keep  alive  the  spirit  of  liberty.  This,  within  certain  limits,  is 
probably  true,  and  in  governments  of  a  monarchical  cast  patriot- 
ism may  look  with  indulgence,  if  not  with  favor,  upon  the  spirit 
of  party.  But  in  those  of  the  popular  character,  in  governments 
purely  elective,  it  is  a  spirit  not  to  be  encouraged.  From  their 
natural  tendency  it  is  certain  there  will  always  be  enough  of  that 
spirit  for  every  salutary  purpose ;  and  there  being  constant  danger 
of  excess,  the  effort  ought  to  be,  by  force  of  public  opinion,  to 
mitigate  and  assuage  it.  A  fire  not  to  be  quenched,  it  demands  a 


183 

uniform  vigilance  to  prevent  its  bursting  into  a  flame,  lest,  instead 
of  warming,  it  should  consume. 

Caution  in  regard  to  Schemes  of  Politicians  to  avoid  Encroachments,  Consolida- 
tions, Centralization,  Despotism. 

"  It  is  important,  likewise,  that  the  habits  of  thinking  in  a  free 
country  should  inspire  caution  in  those  intrusted  with  its  admin- 
istration to  confine  themselves  within  their  respective  constitu- 
tional spheres,  avoiding  in  the  exercise  of  the  powers  of  one 
department  to  encroach  upon  another.  The  spirit  of  encroach- 
ment tends  to  consolidate  the  powers  of  all  the  departments  in 
one,  and  thus  to  create,  whatever  the  form  of  government,  a  real 
despotism.  A  just  estimate  of  that  love  of  power  and  proneness 
to  abuse  it  which  predominate  in  the  human  heart,  is  sufficient  to 
satisfy  us  of  the  truth  of  this  position.  The  necessity  of  recipro- 
cal checks  in  the  exercise  of  political  power,  by  dividing  and  dis- 
tributing it  into  different  depositories,*  and  constituting  each  the 
guardian  of  the  public  weal  against  invasions  by  the  others,  has 
been  evinced  by  experiments  ancient  and  modern ;  some  of  them 
in  our  country  and  under  our  own  eyes.  To  preserve  them  must 
be  as  necessary  as.  to  institute  them.  If,  in  the  opinion  of  the 
people,  the  distribution  or  modification  of  the  constitutional  powers 
be  in  any  particular  wrong,  let  it  be  corrected  by  an  amendment, 
in  the  way  which  the  constitution  designates. 

Warnings  against  Precedents  of  Usurpation  of  Power. 

"  But  let  there  be  no  change  by  usurpation  ;  for  though  this,  in 
one  instance,  may  be  the  instrument  of  good,  it  is  the  customary 
weapon  by  which  free  governments  are  destroyed.  The  prece- 
dent must  always  greatly  overbalance  in  permanent  evil  any  par- 
tial or  transient  benefit  which  the  use  can  at  any  time  yield. 
Religion,  Virtue,  and  Morality,  the  great  Pillars  of  Human  Happiness,  and  the 
necessary  Springs  of  Popular  Government. 

"  Of  all  the  dispositions  and  habits  which  lead  to  political  pros- 
perity, religion  and  morality  are  indispensable  supports.  In  vain 
would  that  man  claim  the  tribute  of  patriotism,  who  should  labor 
to  subvert  these  great  pillars  of  human  happiness,  these  firmest 
props  of  the  duties  of  men  and  citizens.  The  mere  politician, 
equally  with  the  pious  man,  ought  to  respect  and  to  cherish  them. 

*  Such  depositories  are  towns,  counties,  states,  and  in  them  the  legislative, 
executive,  and  judiciary. 


184  WASHINGTON'S  FAREWELL  ADDRESS. 

A  volume  could  not  trace  all  their  connections  with  private  and 
public  felicity.  Let  it  be  simply  asked,  where  is  the  security  for 
property,  for  reputation,  for  life,  if  the  sense  of  religious  obliga- 
tion desert  the  oaths  which  are  the  instruments  of  investigation  in 
courts  of  justice  ?  And  let  us  with  caution  indulge  the  supposi- 
tion, that  morality  can  be  maintained  without  religion.  Whatever 
may  be  conceded  to  the  influence  of  refined  education  on  minds 
of  peculiar  structure,  reason  and  experience  both  forbid  us  to  ex- 
pect that  national  morality  can  prevail  in  exclusion  of  religious 
principle. 

"  It  is  substantially  true,  that  virtue  and  morality  are  necessary 
springs  of  popular  government.  The  rule  indeed  extends,  with 
more  or  less  force,  to  every  species  of  free  government.  Who, 
that  is  a  sincere  friend  to  it,  can  look  with  indifference  upon  at- 
tempts to  shake  the  foundation  of  the  fabric  ? 

Institutions  for  the  general  Diffusion  of  Knowledge. 

"  Promote,  then,  as  an  object  of  primary  importance,  institutions 
for  the  general  diffusion  of  knowledge.  In  proportion  as  the 
structure  of  a  government  gives  force  to  public  opinion,  it  is  essen- 
tial that  public  opinion  should  be  enlightened. 

Preservation  of  Public  Credit;  shunning  of  Public  Debts  and  the  Inconvenience 

of  Taxes. 

"  As  a  very  important  source  of  strength  and  security,  cherish 
public  credit.  One  method  of  preserving  it  is  to  use  it  as  sparing-  ' 
ly  as  possible  ;  avoiding  occasions  of  expense,  by  cultivating  peace ; 
but  remembering  also,  that  timely  disbursements  to  prepare  for 
danger,  frequently  prevent  much  greater  disbursements  to  repel 
it :  avoiding  likewise  the  accumulation  of  debt,  not  only  by  shun- 
ning occasions  of  expense,  but,  by  vigorous  exertions  in  time  of 
peace,  to  discharge  the  debts  which  unavoidable  wars  may  have 
occasioned,  not  ungenerously  throwing  upon  posterity  the  burden 
which  we  ourselves  ought  to  bear.  The  executions  of  these  max- 
ims belongs  to  your  representatives ;  but  it  is  necessary  that  pub- 
lic opinion  should  co-operate.  To  facilitate  to  them  the  perform- 
ance of  their  duty,  it  is  essential  that  you  should  practically  bear 
in  mind,  that  toward  the  payment  of  debts  there  must  be  revenue 
—  that  to  have  revenue  there  must  be  taxes  —  that  no  taxes  can 
be  devised  which  are  not  more  or  less  inconvenient  and  unpleasant 


WASHINGTON'S  FAREWELL  ADDRESS.  185 

—  that  the  intrinsic  embarrassment,  inseparable  from  the  selection 
of  the  proper  objects  (which  is  always  a  choice  of  difficulties), 
ought  to  be  a  decisive  motive  for  a  candid  construction  of  the  con- 
duct of  the  government  in  making  it,  and  for  a  spirit  of  acquies- 
cence in  the  measures  for  obtaining  revenue  which  the  public  ex- 
igencies may  at  any  time  dictate. 

Good  Faith  and  Justice  toicard  all,  as  an  Example  for  all  Nations, 
"Observe  good  faith  and  justice  toward  all  nations  —  cultivate 
peace  and  harmony  with  all.  Religion  and  morality  enjoin  this 
conduct ;  and  can  .it  be,  that  good  policy  does  not  equally  enjoin 
it  ?  It  will  be  worthy  of  a  free,  enlightened,  and  (at  no  distant 
period)  a  great  nation,  to  give  to  mankind  the  magnanimous  and 
too  novel  example  of  a  people  always  guided  by  an  exalted  justice 
and  benevolence.  Who  can  doubt,  that  in  the  course  of  time  and 
things,  the  fruits  of  such  a  plan  would  richly  repay  any  temporary 
advantages  which  might  be  lost  by  a  steady  adherence  to  it  ?  Can 
it  be,  that  Providence  has  not  connected  the  permanent  felicity  of 
a  nation  with  its  virtues?  The  experiment,  at  least,  is  recom- 
mended by  every  sentiment  which  ennobles  human  nature.  Alas, 
it  is  rendered  impossible  by  its  vices  ? 

Avoiding  National  Antipathies  or  Passionate  Attachments. 

11  In  the  execution  of  a  plan,  nothing  is  more  essential  than  that 
permanent,  inveterate  antipathies  against  particular  nations,  and 
passionate  attachments  for  others,  should  be  excluded,  and  that 
in  place  of  them,  just  and  amicable  feelings  toward  all  should  be 
cultivated.  The  nation  which  indulges  toward  another  an 
habitual  hatred  or  an  habitual  fondness,  is  in  some  degree  a 
slave.  It  is  a  slave  to  its  animosity  or  to  its  affection,  either  of 
which  4s  sufficient  to  lead  it  astray  from  its  duty  or  its  interest. 
Antipathy  in  one  nation  against  another,  disposes  each  more 
readily  to  offer  insult  and  injury,  to  lay  hold  of  slight  causes  of 
umbrage,  and  to  be  haughty  and  intractable,  when  accidental  or 
trifling  occasions  of  dispute  occur. 

"  Hence  frequent  collisions,  obstinate,  envenomed,  and  bloody 
contests.  The  nation,  prompted  by  ill-will  and  resentment,  some- 
times impels  to  war  the  government,  contrary  to  the  best  calcula- 
tions of  policy.  The  government  sometimes  participates  in  the  na- 
tional propensity,  and  adopts,  through  passion,  what  reason  would 


186 

reject.  At  other  times  it  makes  the  animosity  of  the  nation  sub- 
servient to  projects  of  hostility,  instigated  by  pride,  ambition, 
arid  other  sinister  and  pernicious  motives.  The  peace  often, 
sometimes  perhaps,  the  liberty  of  nations  has  been  the  victim. 

"  So  likewise,  a  passionate  attachment  of  one  nation  for  another 
produces  a  variety  of  evils.  Sympathy  for  the  favorite  nation, 
facilitating  the  illusion  of  an  imaginary  common  interest,  in  cases 
where  no  real  common  interest  exists,  and  infusing  into  one  the  en- 
mities of  the  other,  betrays  the  former  into  a  participation  in  the 
quarrels  and  the  wars  of  the  latter,  without  adequate  inducements  or 
justification.  It  leads  also  to  concessions  to  the  favorite  nation,  of 
privileges  denied  to  others,  which  is  apt  doubly  to  injure  the  nation 
making  the  concessions,  by  unnecessarily  parting  with  what  ought 
to  have  been  retained,  and  by  exciting  jealousy,  ill-will,  and  a  dis- 
position to  retaliate,  in  the  parties  from  whom  equal  privileges  are 
withheld ;  and  it  gives  to  ambitious,  corrupted,  or  deluded  citi- 
zens (who  devote  themselves  to  the  favorite  nation)  facility  to 
betray  or  sacrifice  the  interests  of  their  country,  without  odium, 
sometimes  even  with  popularity  ;  gilding,  with  the  appearances  of 
a  virtuous  sense  of  obligation,  a  commendable  deference  for  pub- 
lic opinion,  or  a  laudable  zeal  for  public  good,  the  base  or  foolish 
compliances  of  ambition,  corruption,  or  infatuation. 

"As  avenues  to  foreign  influence  in  innumerable  ways,  such  at- 
tachments are  particularly  alarming  to  the  truly  enlightened  and 
independent  patriot.  How  many  opportunities  do  they  afford  to 
tamper  with  domestic  factions,  to  practise  the  arts  of  seduction, 
to  mislead  public  opinion,  to  influence  or  awe  the  public  councils. 
Such  an  attachment  of  a  small  or  weak  nation,  toward  a  great 
and  powerful  one,  dooms  the  former  to  be  the  satellite  of  the 
other. 

Warnings  against  Foreign  Diplomatic  Wiles  and  Influence. 

"  Against  the  insiduous  wiles  of  foreign  influence  (I  conjure 
you  to  believe  me,  fellow-citizens),  the  jealousy  of  a  free  people 
ought  to  be  constantly  awake,  since  history  and  experience  prove 
that  foreign  influence  is  one  of  the  most  baneful  foes  of  republi- 
can government.  But  that  jealousy,  to  be  useful,  must  be  im- 
partial, else  it  becomes  the  instrument  of  the  very  influence  to 
be  avoided,  instead  of  a  defence  against  it.  Excessive  partiality 


1ST 

for  one  foreign  nation,  and  excessive  dislike  of  another,  cause 
those  whom  they  actuate  to  see  danger  only  on  one  side,  and 
serve  to  veil,  and  even  second  the  arts  of  influence  on  the 
other.  Real  patriots,  who  may  resist  the  intrigues  of  the  favo- 
rite, are  liable  to  become  suspected  and  odious,  while  its  tools  and 
dupes  usurp  the  applause  and  confidence  of  the  people  to  sur- 
render their  interests. 

Warnings  against  Political  or  Diplomatic  Connections  with  Foreign  Govern- 
ments, and  European  Interests  in  General. 

"  The  great  rule  of  conduct  for  us,  in  regard  to  foreign  nations, 
is,  in  extending  our  commercial  relations,  to  have  with  them  as 
little  political  connection  as  possible.  So  far  as  we  have  already 
formed  engagements,  let  them  be  fulfilled  with  perfect  good 
faith.  Here  let  us  stop. 

"  Europe  has  a  set  of  primary  interests,  which  to  us  have  none, 
or  a  very  remote  relation.  Hence  she  must  be  engaged  in  fre- 
quent controversies,  the  causes  of  which  are  essentially  foreign  to 
our  concerns.  Hence,  therefore,  it  must  be  unwise  in  us  to  im- 
plicate ourselves  by  artificial  ties  in  the  ordinary  vicissitudes  of 
her  politics,  or  the  ordinary  combinations  and  collisions  of  her 
friendships  or  enmities. 

Assuming  an  Independent  National  Attitude. 

"  Our  detached  and  distant  situation  invites  and  enables  us  to 
pursue  a  different  course.  If  we  remain  one  people,  under  an 
efficient  government,  the  period  is  not  far  off  when  we  may  defy 
material  injury  from  external  annoyance  ;  when  we  may  take  such 
an  attitude  as  will  cause  the  neutrality  we  may  at  any  time  re- 
solve upon,  to  be  scrupulously  respected  ;  when  belligerent  na- 
tions, under  the  impossibility  of  making  acquisitions  upon  us, 
will  not  lightly  hazard  the  giving  us  provocation ;  when  we  may 
choose  peace  or  war,  as  our  interest,  guided  by  justice,  shall 
counsel. 

"  Why  forego  the  advantages  of  so  peculiar  a  situation  ?  Why 
quit  our  own  to  stand  on  foreign  ground  ?  Why,  by  interweaving 
our  destiny  with  that  of  any  part  of  Europe,  entangle  our  peace 
and  prosperity  in  the  toils  of  European  ambition,  rivalship,  in- 
terest, humor,  or  caprice  ? 


188  WASHINGTON'S  FAREWELL  ADDRESS. 

•    No  Permanent  Alliances.     Honesty  the  best  Policy. 

"  'Tis  our  true  policy  to  steer  clear  of  permanent  alliances  with 
any  portion  of  the  foreign  world  ;  so  far,  I  mean,  as  we  are  now 
at  liberty  to  do  it ;  for  let  me  not  be  understood  as  capable  of 
patronizing  infidelity  to  existing  engagements.  I  hold  the  maxim 
no  less  applicable  to  public  than  to  private  affairs,  that  honesty  is 
always  the  best  policy.  I  repeat  it,  therefore,  let  those  engage- 
ments be  observed  in  their  genuine  sense.  But,  in  my  opinion, 
it  is  unnecessary,  and  would  be  unwise  to  extend  them. 

"  Taking  care  always  to  keep  ourselves,  by  suitable  establish- 
ments, on  a  respectable  defensive  posture,  we  may  safely  trust  to 
temporary  alliances  for  extraordinary  emergencies. 

Liberal,   not  enforced   Commercial  Intercourse.      Warnings  against    Courting 
National  Favors. 

"  Harmony  and  liberal  intercourse  with  all  nations,  are  recom- 
mended by  policy,  humanity,  and  interest.  But  even  our  com- 
mercial policy  should  hold  an  equal  and  impartial  hand,  neither 
seeking  nor  granting  exclusive  favors  or  preferences,  consulting 
the  natural  course  of  things,  diffusing  and  diversifying,  by  gentle 
means,  the  streams  of  commerce,  but  forcing  nothing ;  establish- 
ing, with  powers  so  disposed  —  in  order  to  give  to  trade  a  stable 
course,  to  define  the  rights  of  our  merchants,  and  to  enable  the 
government  to  support  them — conventional  rules  of  intercourse, 
the  best  that  present  circumstances  and  mutual  opinion  will  per- 
mit, but  temporary,  and  liable  from  time  to  time  to  be  abandoned 
or  varied,  as  experience  and  circumstances  shall  dictate ;  con- 
stantly keeping  in  view  that  'tis  folly  in  one  nation  to  look  for 
disinterested  favors  from  another,  that  it  must  pay  with  a  portion 
of  its  independence  whatever  it  may  accept  under  that  character ; 
that  by  such  acceptance  it  may  place  itself  in  the  condition  of 
having  given  equivalents  for  nominal  favors,  and  yet  of  being 
reproached  with  ingratitude  for  not  giving  more.  There  can  be 
no  greater  error  than  to  expect  or  calculate  upon  real  favors 
from  nation  to  nation.  'Tis  an  illusion  which  experience  must 
cure,  which  a  just  pride  ought  to  discard. 

Hope  that  these  Counsels  will  Moderate  the  Fury  of  Party  Spirit. 

"  In  offering  to  you,  my  countrymen,  those  counsels  of  an  old 
and  affectionate  friend,  I  dare  not  hope  they  will  makf  the  strong 


WASHINGTON'S  FAREWELL  ADDRESS.  189 

• 

and  lasting  impression  I  could  wish  ;  that  they  will  control  the 
usual  current  of  the  passions,  or  prevent  our  nation  from  running 
the  course,  which  has  hitherto  marked  the  destiny  of  nations. 
But  if  I  may  even  flatter  myself  that  they  may  be  productive  of 
some  partial  benefit,  some  occasional  good  ;  that  they  may  now 
and  then  recur  to  moderate  the  fury  of  party-spirit,  to  warn 
against  the  mischiefs  of  foreign  intrigues,  to  guard  against  the 
impostures  of  pretended  patriotism ;  this  hope  will  be  a  full  re- 
compense for  the  solicitude  for  your  welfare,  by  which  they  have 
been  dictated. 

"  How  far,  in  the  discharge  of  my  official  duties,  I  have  been 
guided  by  the  principles  which  have  been  delineated,  the  public 
records  and  other  evidences  of  my  conduct  must  witness  to  you 
and  to  the  world.  To  myself,  the  assurance  of  my  conscience  is, 
that  I  have,  at  least,  believed  myself  to  be  guided  by  them. 

Neutral  Position  in  the  then  Existing  War  in  Europe. 

"  In  relation  to  the  still  subsisting  war  in  Europe,  my  proclama- 
tion of  the  22d  of  April,  1793,  is  the  index  to  my  plan.  Sanc- 
tioned by  your  approving  voice,  and  by  that  of  your  representa- 
tives in  both  houses  of  Congress,  the  spirit  of  that  measure  has 
continually  governed  me,  uninfluenced  by  any  attempts  to  deter  or 
divert  me  from  it. 

"  After  deliberate  examination,  with  the  aid  of  the  best  lights  I 
could  obtain,  I  was  well  satisfied  that  our  country,  under  all  the 
circumstances  of  the  case,  had  a  right  to  take,  and  was  bound  in 
duty  and  interest  to  take,  a  neutral  position.  Raring  taken  it,  I 
determined,  as  far  as  should  depend  upon  me,  to  maintain  it  with 
moderation,  perseverance,  and  firmness. 

"  The  considerations  which  respect  the  right  to  hold  this  con- 
duct, it  is  not  necessary  on  this  occasion  to  detail.  I  will  only 
observe,  that  according  to  my  understanding  of  the  matter,  that 
right,  so  far  from  being  denied  by  any  of  the  belligerent  powers, 
has  been  virtually  admitted  by  all. 

"  The  duty  of  holding  a  neutral  conduct  may  be  inferred,  with- 
out anything  more,  from  the  obligation  which  justice  and  hu- 
manity impose  on  every  nation,  in  cases  in  which  it  is  free  to 
act,  to  maintain  inviolate  the  relation  of  peace  and  amity  toward 
other  nations. 


190  WASHINGTON'S  FAREWELL  ADDRESS. 

"  The  inducements  of  interest  for  observing  that  conduct  will 
be  best  referred  to  your  own  reflections  and  experience.  With 
me,  a  predominent  motive  has  been,  to  endeavor  to  gain  time  to 
our  country  to  settle  and  mature  its  yet  recent  institutions,  and  to 
progress  without  interruption  to  that  degree  of  strength  and  con- 
sistency which  is  necessary  to  give  it,  humanly  speaking,  the  com- 
mand of  its  own  fortunes. 

Anticipation  of  the  Sweet  Enjoyment  of  Living  in  Retirement  under  a  Free 
Government  and  Good  Laws. 

"  Though  in  reviewing  the  incidents  of  my  administration,  I 
am  unconscious  of  intentional  error,  I  am,  nevertheless,  too  sen- 
sible of  my  defects  not  to  think  it  probable  that  I  may  have  com- 
mitted many  errors.  Whatever  they  may  be,  I  fervently  beseech 
the  Almighty  to  avert  or  mitigate  the  evils  to  which  they  may 
tend.  I  shall  also  carry  with  me  the  hope,  that  my  country  will 
never  cease  to  view  them  with  indulgence  ;  and  that,  after  forty- 
five  years  of  my  life,  dedicated  to  its  service,  with  an  upright 
zeal,  the  faults  of  incompetent  abilities  will  be  consigned  to  oblivion, 
as  myself  must  soon  be  to  the  mansions  of  rest. 

"  Relying  on  its  kindness  in  this  as  in  other  things,  and  actuated 
by  that  fervent  love  toward  it,  which  is  so  natural  to  a  man  who 
views  in  it  the  native  soil  of  himself  and  his  progenitors  for  sev- 
eral generations,  I  anticipate  with  pleasing  expectation,  that  retreat, 
in  which  I  promise  myself  to  realize,  without  alloy,  the  sweet  en- 
joyment of  partaking,  in  the  midst  of  my  fellow-citizens,  the  be- 
nign influence  of  good  laws  under  a  free  government — the  ever 
favorite  object  of  my  heart,  and  the  happy  reward,  as  I  trust,  of 
our  mutual  cares,  labors,  and  dangers. 

"G.  WASHINGTON." 

No  monument  of  marble  or  brass  can  represent  this  honest  and 
just  man  better  than  his  public  documents,  the  federal  constitution 
included.  It  is  true,  there  were  brave  and  good  men  united 
with  him  in  the  great  work  of  bringing  order  out  of  the 
chaos  of  the  young  confederacy;  still  without  the  clear  mind, 
and  firm  hand,  of  this  great  citizen,  the  result  would  have  been 
different. 

Try  then,  my  dear  children,  for  your  part,  to  be  faithful  to 


THE   PRINCE.  191 

those  maxims  in  public  life,  which  he  followed  and  has  embodied 
in  his  public  documents. 

I  have  tried  to  explain  them  in  their  bearing  upon  the  current 
business,  and  hope  I  have  not  labored  in  vain. 


LETTER    XLVI. 

The  Prince  by  Macchiavelli. — Parallel  between  the  Farewell  Address  and 
the  Prince.  —  Prof.  Lieber.  —  Anti-Macchiavelli  by  Frederick  the  Great. 
—  The  Barbarians  in  Italy.  —  Difference  between  the  American  and  Euro- 
pean State-systems. — Legitimacy.  —  Congress  of  Vienna. 

GENERALLY  speaking  there  are  only  two  kinds  of  govern- 
ments, republics*  and  monarchies.  The  preceding  letters  have 
been  devoted  to  the  first  class,  and  the  forms  and  principles 
adopted  in  the  United  States. 

To  interrupt  the  monotony  of  my  republican  discussions,  I  em- 
body in  this  letter  an  abridgement  of  the  celebrated  treatise, 
entitled  "  The  Prince,"  written  by  the  great  "  Secretario  Floren- 
tine," Niccolo  Macchiavelli,  and  dedicated  to  the  young  duke 
Lorenzo  de  Medici,  whom  he  wished  to  become  the  deliverer  of 
Italy  from  the  barbarians,  (Spaniards,  Germans,  and  French.) 
(Mazzini  attempts  to  carry  out  this  plan  in  our  days.)  Macchia- 
velli wrote  in  the  beginning  of  the  sixteenth  century ;  he  died  in 
1527.  I  have  made  use  of  a  London  translation  of  1694,  the 
only  one  I  had  access  to.  This  book  contains  much  historical  re- 
search, and  naturally  bears,,  as  General  Washington's  farewell 
address  does,  the  signs  of  the  times.  The  contrast  between  both 

*  Prof.  Lieber,  in  his  book  on  Civil  Liberty  and  Self-government,  speaks 
of  an  instituted  self-government,  defining  it  thus  :  "  Instituted  self-govern- 
ment is  that  popular  government  which  consists  in  a  great  organism  of  insti- 
tutions, or  a  union  of  harmonizing  systems  of  laws  instinct  with  self-govern- 
ment. It,  is  of  a  co-operative  or  homocratic  character,  and,  in  this  respect, 
the  opposite  to  centralism.  It  is  articulated  liberty,  inter-guarantying,  self- 
evolving,  and  generic,  the  political  embodiment  of  self-reliance  and  mutual 
acknowledgment  of  self-rule — the  political  realization  of  equality.  It  is  the 
only  self-government  which  makes  it  possible  to  be  at  once  seT/'-government 
and  self '-government.''  This  means  nothing  but  republic. 


192  THE   PRINCE. 

is  striking.  Macchiavelli's  only  hope  for  Italy  was  a  hereditary 
prince  at  the  head  of  a  consolidated  monarchy.  Washington 
fought,  worked,  and  wrote  for  the  overthrow  of  a  hereditary 
prince,  and  the  establishment  of  a  federal  republic  under  one  elec- 
tive executive.  The  first  treats  more  of  subjects,  and  their  pru- 
dent management ;  the  latter  of  political  business,  and  its  good 
organization,  distribution,  and  performance.  The  first  advises 
his  prince  how  to  conquer  a  republic  by  ruining  it,  and  keep 
down  the  influential  men ;  the  latter  maintains  that  liberty  ought 
to  be  the  main  pillar  of  the  Union.  The  first  suggests  that  the 
prince  must  manage  the  public  affairs,  so  that  in  all  places,  times 
and  occasions,  the  people  may  have  need  of  his  administration  and 
regimen,  or  that  he  has  his  hands  in  every  thing ;  Washington 
sees,  in  the  proper  organization  and  distribution  of  the  public 
business,  the  best  guaranty  for  the  safety  of  both  the  people  and 
the  government.  According  to  the  first,  a  prince  is  to  have  no 
other  thought  or  study  but  war ;  while  Washington  believes  that 
by  our  Union  we  will  avoid  the  necessity  of  overgrown  military 
establishments.  Frederick  the  Great,  who  wrote  the  anti-Mac- 
chiavelli,  called  that  nobleman  only  a  gentleman  who  served  in 
the  army. 

Macchiavelli  thinks  a  prince  may  not  shun  vices  and  infamy, 
if  he  only  can  preserve  thus  his  dominion ;  Washington's  guide 
was  the  maxim :  honesty  is  the  best  policy. 

A  prince  ought  not  to  keep  his  parole  when  it  is  to  his  preju- 
dice, so  says  Macchiavelli ;  let  all  engagements  be  observed  in 
their  genuine  sense,  and  justice,  and  good  faith  towards  all  nations, 
is  the  maxim  of  Washington. 

Macchiavelli  holds  that  it  is  necessary  for  a  prince  to  have  all 
the  good  qualities  in  reality,  and  to  play  the  hypocrite  well ; 
Washington  believes  that  honesty,  virtue,  and  morality,  are  neces- 
sary springs  of  popular  government. 

Macchiavelli's  prince  ought  to  be  terrible  at  home  to  his  sub- 
jects, and  abroad  to  his  equals ;  Washington's  ideal  is  a  life  under 
the  benign  influence  of  good  laws  under  a  free  government. 

A  prince,  according  to  Macchiavelli,  must  recommend  himself 
to  the  world  by  great  enterprises  and  valor  (of  course  expensive 
things),  and  monopolize  knowledge;  Washington  is  for  peace, 
economy,  diffusion  of  knowledge. 


THE   PRINCE.  193 

Macchiavelli  advises  his  prince  never  to  league  with  another 
more  powerful  than  himself;  Washington  is  against  all  entangling 
alliances. 

The  first  warns  the  prince  of  the  snares  of  woman ;  the  latter 
of  the  wiles  of  party  and  faction. 

But  you  may  better  extend  yourselves  this  parallel  at  pleasure. 
The  sum  is,  that  Macchiavelli  advocates  rank  king-craft,  and 
Washington  undefiled  democracy.  There  are  a  great  many  secret 
and  open  friends  of  monarchism  in  the  United  States,  who  attrib- 
ute the  present  defective  working  of  our  political  institutions  to 
intrinsic  faults  of  the  republican  system.  A  mere  superficial  com- 
parison of  this  treatise,  which  is  still  the  political  bible  of  absolute 
and  constitutional  monarchs,  with  Washington's  address,  should 
undeceive  them.  Of  course,  if  we  manage  our  republics  as 
princely  centralizers,  hypocrites,  and  placemen  do  their  states,  they 
will  fare  like  those  in  Italy  and  elsewhere. 

Peruse,  then,  "  The  Prince  "  carefully.  Its  author  was  one  of 
the  best  statesmen  of  the  remarkable  age  in  which  he  lived. 

EXTRACTS  FROM  THE  PRINCE  OF  MACCHIAVELLI. 

1 .   The  several  Sorts  of  Government,  and  after  what  Manner  they  are  obtained. 

"  There  never  was,  nor  is  at  this  day,  any  government  in  the  world  by  which 
one  man  has  rule  and  dominion  over  another,  but  it  is  either  a  commonwealth 
[republic]  or  a  monarchy."  (The  state  of  Maryland,  however,  began  with  a 
universal  government.) 

2.   Of  Hereditary  Principalities. 

"  Hereditary  states  are  preserved  with  less  difficulty  than  the  new,  because 
it  is  sufficient  not  to  transgress  the  examples  of  the  predecessors,  and  next  to 
comply  and  frame  themselves  to  the  accidents  that  occur;  so  that  if  the 
prince  be  a  person  of  sufficient  activity,  he  will  be  sure  to  keep  himself  on 
the  throne." 

3.   Of  Mixed  Principalities. 

"  Countries  that  have  rebelled,  and  are  conquered  the  second  time,  are  re- 
covered with  more  difficulty.  Whoever  acquires  anything,  and  desires  to 
preserve  it,  is  obliged  to  have  a  care  of  two  things  :  more  particularly  one  is, 
that  the  family  of  the  former  prince  be  extinguished ;  the  other,  that  no  new 
laws  or  taxes  be  imposed.  But  where  conquest  is  made  in  a  country  differ- 
ing in  language,  customs,  and  laws,  there  is  the  great  difficulty  that  good 
fortune  and  great  industry  are  requisite  to  keep  it ;  and  one  of  the  best  and 
most  efficacious  expedients  to  do  it  would  be  for  the  usurper  to  live  there  him- 
self, as  the  Grand  Turk  has  done  in  Greece.  Men  are  either  to  be  flattered 
and  indulged,  or  utterly  destroyed  ;  because  for  small  offences  they  do  usu- 
ally revenge  themselves,  but  for  great  ones  they  can  not. 
9 


194  THE   PRINCE. 

"  The  conqueror  must  not  omit  any  pains  to  gain  the  inferior  nobles  in  a 
new  province,  for  they  will  readily  and  unanimously  fall  into  one  mass  with 
the  state  that  is  conquered.  He  must  further  take  care  that  they  grow  not 
too  strong,  nor  be  intrusted  with  too  much  authority ;  and  then  he  can  easily 
with  his  own  forces,  and  their  assistance,  keep  down  the  great  lords  in  the 
vicinity. 

"It  is  no  more  than  natural  for  princes  to  desire  to  extend  their  dominion, 
and,  when  they  attempt  nothing  but  what  they  are  able  to  achieve,  they  are 
applauded ;  in  the  reverse  case  they  are  condemned,  and  indeed  not  unwor- 
thily. 

"  Whoever  is  the  occasion  of  another's  advancement,  is  the  cause  of  his 
own  diminution." 

4.   Consummation. 

"An  empire  like  the  Turkish,  which  is  governed  by  the  prince  and  his 
officers  [servants],  is  harder  to  be  subdued  than  one  with  a  nobility;  but, 
when  once  conquered,  more  easy  to  be  kept." 

5.  How  Subdued  Principalities  are  to  be  governed. 

"  A  commonwealth  or  republic  is  to  be  ruined,  in  order  to  keep  it  as  a 
conquered  province  ;  for  people,  upon  all  occasions,  will  endeavor  to  recover 
their  old  privileges."  [Hindostan.] 

6.   Of  Principalities  acquired  by  one's  own  proper  Conduct  and  Arms. 
"  That  conqueror  who  has  committed  least  to  fortune,  has  continued  the 
longest." 

7.  Of  New  Principalities. 

"  Conquerors  or  innovators  who  stand  upon  their  own  feet  and  arms,  suc- 
ceed better  than  those  who  make  more  use  of  their  rhetoric." 

8.   Of  Wicked  Usurpers. 

"  "Whoever  usurps  the  government  of  any  state,  is  to  execute  and  put  in 
practice  at  once  all  the  cruelties  which  he  thinks  material,  that  he  may  have 
no  occasion  to  renew  them  often  ;  but  that  by  discontinuance  he  may  mollify 
the  people,  and  by  his  good  deeds  bring  them  over  to  his  side.  Such  deeds 
should  be  distilled  by  drops,  that  the  relish  may  be  the  greater. 

"A  prince  is  so  to  behave  himself  toward  his  subjects,  that  neither  good 
nor  bad  fortune  should  be  able  to  alter  him ;  for,  being  once  assaulted  with 
adversity,  you  have  no  time  to  do  mischief;  and  the  good  which  you  do, 
does  you  no  good,  being  looked  upon  as  forced,  and  so  no  thanks  are  due 
for  it." 

9.  Of  Civil  Principalities. 

"  In  all  cities  [states],  the  meaner  and  the  better  sort  of  citizens  are  of  dif- 
ferent humors  ;  and  hence  it  follows  that  the  common  people  are  not  willing 
to  be  commanded  artd  oppressed  by  the  great  ones,  and  the  great  ones  [aris- 
tocrats] are  not  satisfied  without  it. 

"  He  who  arrives  at  the  sovereignty  by  the  assistance  of  the  aristocrats, 
preserves  it  with  more  difficulty  than  he  who  is  advanced  by  the  people ;  be- 
cause he  has  about  him  many  of  his  old  associates,  who,  thinking  themselves 


THE   PRINCE.  195 


his  equals,  are  not  to  be  directed  and  managed  as  he  would  have  them. 
Grandees  [privileged  aristocracy]  are  hardly  to  be  satisfied  without  injury  to 
others ;  while  the  designs  of  the  people  are  more  reasonable,  and  they  en- 
deavor only  to  defend  and  secure  themselves.  Where  the  people  are  adverse, 
the  prince  can  never  be  safe,  by  reason  of  their  numbers. 

"  These  kinds  of  governments  are  most  tottering  and  uncertain  when  the 
prince  strains  of  a  sudden,  and  passes,  as  at  one  leap,  from  a  civil  to  an  abso- 
lute power. 

"A  prince  who  is  provident  and  wise  ought  to  carry  himself  so  that  in  all 
places,  times,  and  occasions,  the  people  may  have  need  of  his  administration 
and  regimen,  and  ever  after  they  shall  be  faithful  and  true." 

10.  How  the  Strength  of  all  Principalities  is  to  be  computed. 

"  Those  princes  are  capable  of  ruling  [independently]  who  are  able,  either 
by  the  numbers  of  their  men  or  the  greatness  of  their  wealth,  to  raise  a  com- 
plete army,  and  bid  defiance  to  any  that  shall  invade  them ;  and  those  depend 
upon  others  who  of  themselves  dare  not  meet  their  enemy  in  the  field,  but 
are  forced  to  keep  within  their  bounds,  and  defend  them  as  well  as  they  can, 
especially  by  fortifying  the  capital  town. 

"  The  nature  of  man  is  such,  that  he  takes  as  much  pleasure  in  having 
obliged  another  as  in  being  obliged  himself." 

11.   Of  Ecclesiastical  Principalities. 

"  The  ecclesiastical  princes  are  the  only  persons  who  have  lands  and  do 
not  defend  them  —  subjects,  and  do  not  govern  them;  which  render  those 
principalities  the  happiest  and  most  secure." 

12.  Of  Military  Discipline. 

"  The  principal  foundations  of  all  states  are  good  laws  and  good  arms. 
There  can  not  be  good  laws  where  there  are  not  good  arms  [to  execute  tho 
laws]." 

13.  Of  Different  Soldiers. 

"  The  mercenary  and  auxiliary  soldiers  are  unprofitable  and  dangerous. 
A  martial  commonwealth,  that  stands  upon  its  own  legs,  and  maintains 
itself  by  its  own  prowess,  is  not  easily  usurped,  and  falls  not  so  readily  under 
the  obedience  of  one  of  its  own  citizens,  as  where  all  the  forces  are  foreign." 

14.  Of  the  Military  Duty  of  a  Prince. 

"  A  prince  is  to  have  no  other  design,  nor  thought,  nor  feeling,  but  war, 
and  the  arts  and  discipline  of  it.  In  time  of  peace,  he  should  employ  his 
thoughts  more  studiously  therein  by  bodily  exercise,  sports,  hunting,  hawk- 
ing, and  mental  occupations,  informing  himself  of  the  coasts,  situation  and 
elevation  of  mountains,  valleys,  history,  etc.,  and  keep  a  great  pattern  before 
his  mind." 

15.  Of  such  Things  as  render  them  especially  ivorthy  of  Blame  or  Applause. 

"A  prince  should  be  so  well  instructed  as  to  know  how  to  avoid  the  scan- 
dal of  vices.  He  is  not  to  concern  himself,  if  run  under  the  infamy  of  vices, 
without  which  his  dominion  was  not  to  be  preserved ;  for,  if  we  consider 


196  THE   PRINCE. 

things  impartially,  we  shall  find  that  some  things  in  appearance  are  virtuous, 
and  yet,  if  pursued,  would  bring  certain  destruction ;  and  others,  on  the  con- 
trary, that  are  seemingly  bad,  which,  if  followed  by  a  prince,  procure  his 
peace  and  security." 

16.   Of  Liberality  and  Parsimony. 

"  A  prince  should  be  liberal ;  but  liberality,  so  used  as  not  to  render  him 
formidable,  does  but  injure  him.  To  keep  up  the  name  of  liberality  among 
men,  it  is  necessary  that  no  kind  of  luxury  be  omitted,  which  would  make 
him  poor  and  despised.  He  ought  not  to  dread  the  imputation  of  being  cov- 
etous, for  in  time  he  shall  be  esteemed  liberal,  when  it  is  discovered  that  by 
his  parsimony  he  has  increased  his  revenue  to  a  condition  of  defending  him- 
self against  invasion,  and  to  make  enterprises  upon  other  people." 

17.  Of  Cruelty  and  Clemency. 

"  A  prince  is  to  desire  to  be  esteemed  merciful  rather  than  cruel,  but  is  not 
to  regard  the  scandal  of  being  cruel,  if  thereby  he  keeps  his  subjects  in  their 
allegiance  and  united ;  seeing  that  by  a  few  examples  of  justice  you  may  be 
more  merciful  than  they  who,  by  a  universal  exercise  of  pity,  permit  several 
disorders  to  follow,  which  occasion  rapine  and  murder. 

"  The  question,  whether  it  be  better  to  be  beloved  than  feared,  or  feared 
than  beloved,  is  answered.  Both  would  be  convenient ;  but,  because  that  it 
is  hard  to  attain,  it  is  better  and  more  secure,  if  one  must  be  wanting,  to  be 
feared  than  beloved :  for,  in  general,  men  are  ungrateful,  inconstant,  hypo- 
critical, fearful  of  danger,  and  covetous  of  gain.  To  be  feared  and  not  hated, 
is  compatible  enough.  But,  before  all  things,  a  prince  is  to  have  a  care  of 
trenching  on  their  patrimony  [by  high  taxes  or  confiscation] ;  for  men  sooner 
forget  the  death  of  their  father  than  the  loss  of  their  property. 

"As  these  do  love  at  their  own  discretion,  but  fear  not  their  princes,  a 
wise  prince  is  obliged  to  lay  his  foundation  upon  that  which  is  in  his  own 
power,  not  that  which  depends  on  other  people,  but  with  great  caution,  that 
he  does  not  make  himself  odious." 

18.  How  far  a  Prince  is  responsible  for  his  Promise. 

"  There  being  two  ways  of  contending,  by  law  [or  reason]  and  by  force  — 
the  first  proper  to  men,  the  second  to  beasts  —  it  belongs  to  a  prince  to  un- 
derstand both  when  to  make  use  of  the  rational  and  when  of  the  brutal  way, 
in  which  latter  regard  he  ought  to  imitate  the  lion  and  the  fox.  A  prince, 
therefore,  that  is  wise  and  prudent,  can  not,  nor  ought  not,  to  keep  his  pa- 
role, when  the  keeping  of  it  is  to  his  prejudice,  and  the  causes  for  which  he 
promised  are  removed.  Were  men  all  good,  this  doctrine  were  not  to  be 
taught ;  but  because  they  are  wicked,  and  not  likely  to  be  punctual  with  you, 
you  are  not  obliged  to  observe  any  such  strictness  with  them. 

"  Nor  was  there  ever  a  prince  that  wanted  lawful  pretence  to  justify  his 
breach  of  promise.  He  that  best  personates  the  fox,  has  the  best  success. 
Nevertheless,  it  is  of  great  consequence  to  disguise  your  inclination,  and  to 
play  the  hypocrite  well ;  and  men  are  so  simple  in  their  temper,  arid  so  sub- 
missive to  their  present  necessities,  that  he  who  is  neat  and  cleanly  in  his 


THE   PRINCE.  197 

collusions  shall  never  want  people  to  practise  them  upon.     [As  Talleyrand, 
Metternich,  Palmerston,  and  all  the  genus  diplomat  and  politician.] 

"  A  prince  is  not  obliged  to  have  all  the  good  qualities  in  reality,  but  it  is 
necessary  to  have  them  in  appearance ;  nay,  having  them  actually,  and  em- 
ploying them  upon  ail  occasions,  they  are  extremely  prejudicial.  It  is  hon- 
orable to  seem  mild,  and  merciful,  and  courteous,  and  religious,  and  sincere ; 
and,  indeed,  to  be  so,  provided  your  mind  be  so  rectified  and  prepared  that 
you  can  act  quite  contrary  upon  occasions.  And  this  must  be  premised, 
that  a  prince,  especially  if  but  lately  come  to  the  throne,  can  not  observe  all 
those  things  exactly  which  make  men  to  be  esteemed  virtuous  —  being  often- 
times necessitated,  for  the  preservation  of  his  state,  to  do  things  inhuman, 
uncharitable,  and  irreligious ;  and  therefore  it  is  important  that  his  mind  be 
at  his  command,  and  flexible  to  all  the  puffs  and  variations  of  his  fortune  — 
not  forbearing  to  be  good  while  it  is  in  his  choice,  but  knowing  how  to  be 
evil  when  there  is  a  necessity.  People  are  always  taken  with  the  appearance 
and  event  of  things,  and  the  greatest  part  of  the  world  consists  of  the  peo- 
ple ;  those  few  who  are  wise  taking  place  when  the  multitude  has  nothing 
else  to  rely  upon.  There  is  a  prince  at  this  time  [king  of  France]  who  has 
nothing  in  his  mouth  but  fidelity  and  peace ;  and  yet  had  he  exercised  either 
the  one  or  the  other,  they  had  robbed  him  before  this  of  both  his  power  and 
reputation."  [Napoleon  III.  declared  that  "the  empire  is  peace,"  while  he 
is  constantly  engaged  in  war,  and  organizing  France  as  a  conquered  country 
under  military  rule.] 

19.  Moral  Policy  of  Princes. 

"  Princes  ought  to  be  cautious  of  becoming  either  odious  or  contemptible. 
As  often  as  they  do  so,  they  play  their  part  very  well,  and  will  meet  with  no 
danger  or  inconvenience  from  the  rest  of  their  views.  Nothing  makes  a 
prince  so  insufferably  odious  as  usurping  his  subjects'  estates  and  debauch- 
ing their  wives ;  for  while  the  generality  of  the  people  live  quietly  upon  their 
estates,  and  unprejudiced  in  their  honor,  they  live  peaceably  enough,  and 
all  contention  is  only  with  the  pride  and  ambition  of  some  few  persons  who 
are  easily  restrained.  He  has  to  strive  that  in  all  his  actions  there  may  ap 
pear  magnanimity,  courage,  gravity,  and  fortitude,  and  to  avoid  being  ac- 
counted effeminate,  light,  inconstant,  pusillanimous,  and  irresolute.  He 
ought  to  be  terrible  in  two  places  —  at  home  to  his  subjects,  and  abroad  to 
his  equals.  One  of  the  best  remedies  a  prince  can  use  against  conspiracy  is 
to  keep  himself  from  being  hated  or  despised  by  the  multitude ;  for  nobody 
plots  but  he  expects  by  the  death  of  the  prince  to  gratify  the  people ;  and 
the  thought  of  offending  them  will  deter  him  from  any  such  enterprise,  be- 
cause in  conspiracies  the  difficulties  are  infinite.  Many  conjurations  have 
been  on  foot,  but  few  have  succeeded,  because  no  man  can  conspire  alone. 
On  the  side  of  the  conspirators  there  is  nothing  but  fear,  and  jealousy,  and 
apprehension,  and  punishment ;  but  on  the  prince's  side  there  is  the  majesty 
of  the  government,  the  laws,  the  organized  state.  When  the  people  are  dis- 
satisfied, and  have  taken  a  prejudice  against  the  prince,  there  is  nothing,  nor 
any  person,  which  he  ought  not  to  fear.  It  must  be  his  constant  care  not  to 
reduce  the  nobility  to  despair,  nor  the  people  to  discontent.  Princes  should 


198  THE  PRINCE. 

leave  things  of  injustice  and  envy  to  the  ministry  and  execution  of  others, 
but  acts  of  favor  and  grace  are  to  be  performed  by  themselves. 

"  It  can  not  be  avoided  but  princes  must  fall  under  the  hatred  of  somebody ; 
they  ought  diligently  to  contend  that  it  be  not  of  the  multitude.  If  that  be  not 
to  be  obtained,  they  should  not  incur  the  odium  of  such  as  are  most  potent 
among  them." 

20.   On  Fortifications. 

"  A  wise  prince  was  never  known  to  disarm  his  subjects,  for,  by  arming 
them  and  inuring  them  to  warlike  exercise,  those  arms  are  his  own  ;  those 
who  are  suspicious  become  faithful,  they  who  are  faithful  are  confirmed,  and 
all  the  subjects  become  of  his  party.  To  disarm  the  people  is  to  disgust  them. 
It  arguea  weakness  in  the  prince  to  encourage  dissensions,  or  parties,  or  fac- 
tions, in  order  to  rule  people — perhaps  newly  conquered.  Those  are  to  be 
mollified  by  degrees. 

"Princes,  and  particularly  those  who  are  not  of  long  standing,  have  often 
found  more  fidelity  and  assistance  from  those  whom  they  suspected  at  the 
beginning  of  their  reign,  than  from  them  who  at  first  were  their  greatest  con- 
fidents. 

"  A  prince,  newly  advanced,  ought  to  consider  well  what  it  was  that  dis- 
posed some  to  befriend  him ;  if  it  be  not  affection  to  him,  but  pique  and  ani- 
mosity to  the  old  government,  it  will  cost  much  trouble  and  difficulty  to  keep 
them  his  friends,  because  it  will  be  impossible  to  satisfy  them. 

"  Fortresses  are  useful  or  not  useful,  according  to  the  difference  of  time. 
That  prince  who  is  more  afraid  of  his  subjects  than  neighbors,  is  to  suffer 
them  to  stand.  The  fortresses  will  not  protect  him  if  the  people  have  him  in 
detestation,  because  they  shall  no  sooner  take  arms  but  strangers  will  fall  in 
and  sustain  them." 

21.  How  a  Prince  gains  Reputation. 

"  Nothing  recommends  a  prince  so  highly  to  the  world  as  great  enterprises, 
and  noble  expressions  of  his  own  valor  and  conduct,  either,  in  war,  to  al- 
low the  people  no  leisure  to  be  at  quiet  or  to  continue  any  thing  against 
him,  or  by  giving  some  rare  example  of  his  own  administration  at  home, 
when  there  is  occasion  for  somebody  to  perform  anything  extraordinary  in 
the  civil  government,  whether  it  be  good  or  bad,  and  to  find  out  such  a  way 
either  to  reward  or  punish  him  as  may  make  him  much  talked  of  in  the  world. 
A  prince  is  to  have  a  care,  in  all  his  actions,  to  behave  himself  so  as  to  give 
himself  the  reputation  of  being  excellent,  as  well  as  great.  He  is  likewise 
much  esteemed  when  he  shows  himself  a  sincere  friend  or  a  generous  enemy 
— that  is,  when,  without  any  hesitation,  he  declares  himself  in  favor  of  one 
against  another,  which,  as  it  is  more  frank  and  princely,  so  it  is  more  profit- 
able than  to  stand  neuter.  A  conqueror  will  never  understand  them  to  be 
his  friends  who  would  not  assist  him  in  his  distress ;  and  he  that  is  worsted 
will  not  receive  you,  because  you  neglected  to  run  his  fortune  with  your 
arms  in  your  hands. 

"  A  prince  is  never  to  league  himself  with  another  more  powerful  than  him- 
self in  an  offensive  war,  because  in  that  case,  if  he  overcomes,  you  remain  at 
his  mercy ;  and  princes  ought  to  be  as  cautious  as  possible  of  falling  under 


THE   PRINCE.  199 

the  discretion  of  other  people.  If  they  who  contend  be  of  such  condition, 
that  they  have  no  occasion  to  fear  let  what  will  overcome,  you  are  in  pru- 
dence to  decline  yourself  the  sooner,  because,  by  assisting  the  one,  you  con- 
tribute to  the  ruin  of  the  other,  whom,  if  your  confederate  had  been  wise,  he 
ought  rather  to  have  preserved,  so  that  the  overcoming  remains  wholly  at 
your  discretion,  and  by  your  assistance  he  must  of  necessity  overcome. 

"No  prince  or  government,  however,  should  imagine  that,  in  such  cases, 
any  certain  counsel  can  be  taken,  because  the  affairs  of  this  world  are  so  or- 
dered, that  in  avoiding  one  mischief  we  fall  commonly  into  another.  A 
man's  wisdom  is  most  conspicuous  where  he  is  able  to  distinguish  between 
dangers,  and  make  choice  of  the  least. 

"  A  prince,  to  show  himself  a  virtuoso  and  honorer  of  all  that  is  excellent  in 
any  art  whatever,  is  to  encourage  and  assure  his  subjects  that  they  may  live 
quietly  in  peace,  and  exercise  themselves  in  their  several  vocations,  whether 
merchandise,  agriculture,  or  any  other  employment  whatever,  to  the  end  that 
one  may  not  forbear  improving  or  embellishing  his  estate  for  fear  it  should 
be  taken  from  him,  nor  another  advancing  his  trade  in  apprehension  of  taxes ; 
but  the  prince  is  rather  to  excite  them  by  propositions  of  reward  and  immuni- 
ties to  all  such  as  shall  any  way  amplify  his  territory  or  powers.  He  is 
obliged,  likewise,  at  convenient  times  in  the  year,  to  entertain  the  people 
by  feastings,  and  plays,  and  spectacles  of  recreation ;  and,  because  all  cities 
are  divided  into  companies  or  wards,  he  ought  to  have  respect  to  those  so- 
cieties, be  merry  with  them  sometimes,  and  give  them  some  instance  of  his 
humanity  and  magnificence,  but  always  retaining  the  majesty  of  his  degree, 
which  is  never  to  be  debased  in  any  case  whatever." 

22.   Of  the  Secretaries  of  Princes. 

"The  election  of  his  ministers  is  of  no  small  importance  to  a  prince,  for 
the  first  judgment  that  is  made  of  him,  or  his  parts,  is  from  the  persons  he 
has  about  him.  Commonly  the  first  error  he  commits  is  in  the  election  of  his 
servants. 

"  In  the  capacities  and  parts  of  men  there  are  three  sorts  of  degrees ;  one 
man  understands  of  himself,  another  understands  what  is  explained,  and  a 
third  understands  neither  of  himself  nor  by  any  explanation.  The  first  is 
excellent,  the  second  commendable,  the  third  altogether  unprofitable. 

"  But  the  business  is  how  a  prince  may  understand  his  minister,  and  the 
rule  for  that  is  infallible.  When  you  observe  your  officer  more  careful  of 
himself  than  of  you,  and  all  his  aetions  and  designs  pointing  at  his  own  in- 
terest and  advantage,  that  man  will  never  be  a  good  minister,  nor  ought  you 
ever  to  repose  any  confidence  in  him." 

23.  How  Flatterers  are  to  be  avoided. 

"  Men  and  princes  are  generally  so  fond  of  their  own  actions,  and  so 
easily  mistaken  in  them,  that  it  is  not  without  difficulty  they  defend  them- 
selves against  flatterers,  of  which  kind  of  cattle  all  histories  are  full ;  and  he 
that  goes  about  to  defend  himself,  runs  a  great  hazard  of  being  despised. 

"  There  is  no  other  remedy  against  flatterers,  than  to  let  everybody  un- 
derstand you  are  not  disobliged  by  telling  the  truth.  Yet  if  you  suffer  every 


200  THE   PRINCE. 

body  to  tell  it,  you  injure  yourself,  and  lessen  your  reverence ;  wherefore  a 
wise  prince  ought  to  go  a  third  way,  and  select  out  of  his  state  certain  dis- 
creet men,  to  whom  only  he  is  to  commit  that  liberty  of  speaking  truth,  and 
that  of  such  things  as  he  demands,  and  nothing  else !  But,  then,  he  is  to 
inquire  of  everything,  hear  their  opinions,  and  resolve  afterward  as  he 
pleases,  and  behave  himself  toward  them  in  such  sort,  that  every  one  may 
find  with  how  much  the  more  freedom  he  speaks,  with  so  much  the  more 
kindness  he  is  accepted,  that  besides  them  he  will  hearken  to  nobody  ;  that 
he  considers  well  before  he  resolves;  and  that  his  resolutions  once  taken  are 
never  to  be  altered.  A  prince,  therefore,  is  always  to  consult,  but  at  his 
own,  not  other  people's  pleasure,  and  rather  deter  people  from  giring  their 
advice  undemanded. 

"  A  prince  who  has  no  wisdom  of  his  own  can  never  be  well  advised,  un- 
less by  accident  he  commits  all  to  the  government  and  administration  of  some 
honest,  discreet  man.  If  a  prince,  who  has  no  great  judgment  of  his  own, 
consults  with  more  than  one,  their  counsels  will  never  agree,  nor  he  have 
ever  the  cunning  to  unite  them;  every  man  will  advise  according  to  his  own 
interest  or  caprice.  These  will  always  prove  bad,  unless  by  necessity  they 
are  compelled  to  be  good.  It  is  clear  that  good  counsels  proceed  rather 
from  the  wisdom  of  the  prince,  than  the  prince's  wisdom  from  the  goodness 
of  his  counsels. 

24.  How  Princes  lose  their  Dominions. 

"  No  defences  are  good,  certain,  and  lasting,  which  proceed  not  from  the 
prince's  own  courage  and  virtue,  after  he  has  embellished  and  fortified  his 
principality  with  good  laws,  good  force,  good  friends,  and  good  example. 

25.   Of  Fortune. 

"  It  is  an  old  opinion,  that  the  affairs  of  the  world  are  so  governed  by 
fortune  and  divine  Providence,  that  man  can  not  by  his  wisdom  correct  them. 
This  may  be  true  of  one  half  of  our  actions,  but  fortune  leaves  the  other 
half,  or  little  less,  to  be  governed  by  ourselves.  It  shows  its  power  where 
there  is  no  predisposed  virtue  to  resist  it.  A  prince  who  relies  wholly  upon 
fortune,  being  subject  to  her  variations,  must  of  necessity  be  ruined.  That 
prince  will  be  successful  whose  manner  of  proceeding  concerts  with  the 
times.  In  things  leading  to  the  end  of  their  designs,  as  riches  and  honor, 
we  see  men  have  various  methods  of  proceeding,  which  may  possibly  all  be 
successful;  while  two  persons,  equally  cautious,  one  of  them  prospers  and 
the  other  miscarries,  so  that  two  persons  by  different  operations  do  attain  the 
same  end,  while  two  others  steer  the  same  course,  and  one  of  them  succeeds 
and  the  other  is  ruined.  One,  however  good,  if  the  face  of  affairs  and  the 
times  change,  and  he  changes  not  with  them,  will  be  certainly  ruined.  There 
is  no  man  to  be  found  so  wise,  that  knows  how  to  accommodate  or  frame 
himself  to  all  vicissitudes  and  varieties. 

"  While  the  obstinacy  of  princes  consists  with  the  motion  of  fortune,  it  is 
possible  they  may  be  happy;  but  when  once  they  disagree,  the  poor  prince 
comes  certainly  to  the  ground.  It  is  better  to  be  hot  and  audacious,  than 
cautious  and  apprehensive,  for  fortune  is  a  woman,  and  must  be  Hectored  to 


THE   PRINCE.  201 

keep  her  under;  and  'tis  visible  every  day  she  suffers  herself  to  be  managed 
by  those  who  are  brisk  and  audacious,  rather  than  by  those  who  are  cold  and 
phlegmatic  in  their  motions,  and  therefore  (like  a  woman)  she  is  always  a 
friend  to  those  who  are  young;  because  being  less  circumspect,  they  attack 
her  with  more  security  and  boldness." 

An  exhortation  to  deliver  Italy  from  the  barbarians  concludes 
the  work. 

These  "  barbarians  "  rule  still  in  the  best  parts  of  Italy.  You 
will  now  be  able,  with  the  help  of  the  general  history  of  Europe 
(Asia)  and  America,  to  answer  easily  the  question :  exactly  what 
difference  there  is  between  the  European  and  our  own  "  state- 
system  ;"  viz.,  that  the  first  depends  upon  the  principle  of  self- 
government  applied  to  public  business,  the  latter  upon — legitimacy. 
After  the  downfall  of  Napoleon  I.'s  empire,  all  the  princes  of 
Europe,  Turkey  included,  met  in  congress  at  Vienna,  and  restored 
the  European  political  system  upon  the  principle  of  legitimacy,  as 
they  called  it,  adding  the  gracious  promise  of  constitutional  forms 
of  monarchy.  They  expressly  declared  the  Napoleonides  out- 
side the  pale  of  legitimacy ;  but  one  of  them  has  again  ascended 
the  throne  of  France !  You  see  how  little  faith  sensible  men 
should  place  in  such  a  system,  where  so  much  depends  upon 
sheer  accident,  and  the  management  of  the  public  affairs  is  made 
the  property-right  of  a  few  "  legitimate "  .families,  viz.  such  as 
believe  and  pretend  to  be  created  by  God,  to  possess  and  rule  the 
people. 

Our  system  is  the  product  of  common  sense  and  plain  business 
necessity,  the  European  that  of  property-rights  in  men  ;  ours  is 
made  only  for  the  rule  of  the  unruly,  the  European  for  the  gov- 
ernment of  men  and  land ;  ours  is  stable  for  all  times  to  come, 
provided  we  keep  the  several  parts  of  it  in  strict  order  with  refer- 
ence to  population,  state,  size,  and  business ;  the  stability  of  the 
European  depends  upon  the  -frail  thread  of  the  life  of  one  or  a 
few  persons,  and  similar  accidental  circumstances  beyond  the  con- 
trol of  men  ;  ours,  finally,  depends  upon  prospective  law,  the  Euro- 
pean upon  present  customs,  without  the  least  guaranty  for  the  fu- 
ture. What  pity  that  men  abuse  also  the  best  things !  What 
would  be  the  United  States  if  their  excellent  system  had  been 
carried  out  well  ? 

But  there  is  still  time  enough  to  do  it.    We  are  free  yet.    Hope 

then  for  the  best.     In  this  hope  let  us  now  part. 

9* 


PART    SECOND. 

MUNICIPAL  GOVERNMENT. 


LETTER  I. 

Object  of  a  State  Constitution. — Introduction  to  the  Constitution  of  the 
State  of  New  York.  —  Preamble.  —  Union-Slighting. 

MY  intention  at  first  was  to  limit  my  political  conversation  with 
you  to  the  federal  constitution,  under  which  we  all  live,  in  what- 
ever state  we  reside  ;  even  when  travelling  in  foreign  countries,  and 
sailing  on  distant  seas  we  depend  upon  its.  protection.  But  after 
I  bade  you  adieu,  and  had  indulged  in  a  sober,  second  thought — 
always  a  good  one — I  concluded  to  place  one  of  our  state  consti- 
tutions in  parallel  with  it,  to  show  better  their  coordinate  working 
in  society,  and  whether  it  be  harmonious  or  not.  It  is  the  same 
artistical  idea  which  induced  me  to  place  "  The  Prince  "  in  parallel 
with  Washington. 

I  have  for  this  purpose  selected  the  constitution  of  the 
state  of  New  York,  because  this  is,  as  the  most  populous,  a 
kind  of  leading  state,  and  it  is  proposed  to  take  the  sense  of  the 
people  at  the  ensuing  election  (November,  1858)  whether  it  shall 
be  amended  or  not.  For  the  latter  reason  I  have  also  added  a 
few  remarks  on  the  state  constitution  of  Maryland.  I  should, 
perhaps,  have  altered  the  form  and  addressed  these  letters  to  the 
voters  of  these  states  ;  but  as  "  I  speak  by  permission,  and  not  of 
commandment,  according  to  my  proper  gift  of  God,"  I  will  con- 
tinue in  the  familiar  manner,  hoping  also  to  avoid  thereby  the  sus- 


204  MUNICIPAL   GOVERNMENT. 

picion  of  an  intention  to  bias  the  vote,  although  I  sincerely  wish 
that  in  my  humble  efforts  I  may  be  able  to  excite  an  intense 
interest  on  the  subject. 

The  obvious  aim  of  a  state  constitution,  in  our  Union,  must  be 
to  prescribe  the  forms  of  a  government  for  the  realization  of 
justice  and  order  in  regard  to  the  municipal  political  affairs. 
Accordingly  it  should  be  framed,  first,  from  a  desire  not  to 
interfere  with  the  business  province  of  the  federal  constitution, 
as  this  has  been  carefully  planned  from  the  view  not  to  interfere 
with  the  scope  of  the  state  constitutions ;  and  secondly,  not  to 
meddle  with  the  free  social  business  of  which  I  have  spoken  in 
the  first  part.  To  this  may  be  added,  that  in  our  Union,  and  free 
unsubject  society,  a  state  is  not  exactly  required  for  the  governing 
of  persons,  but  only  for  the  management  of  certain  public  affairs ; 
because  in  such  society  is  the  real  ruler  of  persons  the  principle 
of  self-government,  which  requires  every  one  to  control  himself 
well  in  personal  and  social  regard.  This  being  the  most  difficult 
task  men  —  although  endowed  with  reason  for  this  very  purpose  — 
have  to  perform,  the  state  institution  is  calculated  in  single  in- 
stances to  force  them  into  a  proper  self-control,  in  order  to  pre- 
serve justice  and  prevent  injury  and  anarchy.  Without  this  force 
a  state  constitution  is  nothing  to  speak  of. 

If  this  is  well  understood,  it  is  not  so  very  difficult  to  compre- 
hend the  real  object  of  a  state  constitution,  especially  after  the 
framers  of  the  federal  constitution  have  set  up  such  a  master-piece 
of  an  organic  law  for  the  management  of  the  national  affairs. 

A  political  system  of  this  frame,  and  good  execution,  should,  if 
this  sublinarian  world  is  not  a  failure  withal,  impress  upon  the 
people  living  under  it  a  noble  character ;  for  as  the  maternal  edu- 
cation moulds  the  character  of  an  individual,  so  form  the  political 
institutions  that  of  nations.  This  moral  influence  of  our  political 
system  upon  our  nations  and  mankind  was  the  beacon-light  of  hope 
for  those  who  struggled  for  years  for  the  deliverance  of  a  proud 
prince,  in  order  to  be  free,  or  the  masters  of  their  own  destiny. 
Government  can  only  promote  liberty  by  keeping  the  lawless  and 
dishonest  at  bay  with  the  help  of  an  effective  judiciary. 

Let  us,  then,  examine  with  diligence  the  constitution  of  the 
state  of  New  York,  to  ascertain  how  far  it  answers  to  this 
purpose : — 


PREAMBLE.  205 

CONSTITUTION    OF    THE    STATE    OF    NEW    YORK. 

"  We,  the  people  of  the  state  of  New  York,  grateful  to  Almighty  God 
for  our  freedom,  in  order  to  secure  its  blessings,  do  establish  this  consti- 
tution." 

•  If  you  will  compare  this  introduction  with  the  preamble  of  the 
federal  constitution,  you  will,  perhaps,  after  duly  honoring  the 
pious  sentiment  it  expresses,  notice  that  it  is  vague,  and  not  dis- 
tinctly pointing  out  the  real  object  of  an  American  state  constitu- 
tion. To  secure  the  blessings  of  freedom  or  absence  of  subjection, 
there  was  not  exactly  a  state  constitution  required  after  we  got  the 
present  federal  constitution ;  because  the  Union  alone  can  do  that, 
that  is,  protect  us  from  subjection  abroad  or  at  home,  and  thus 
alone  the  independence  or  blessings  of  freedom  of  the  people  in 
the  states  are  really  and  effectively  secured.  The  remaining 
object  of  a  state  constitution,  therefore,  can  only  be  the  political 
protection  of  our  persons,  property,  and  homes ;  and  this  can  not 
be  done,  as  I  just  remarked,  by  anything  else  but  a  good  munici- 
pal government,  providing  justice,  which  comes  home  to  all,  the 
poor  and  the  rich,  the  young  and  old. 

But  the  negative  side  of  this  little  preamble,  or  that  which  is 
missing  in  it,  is  of  more  consequence.  This  constitution  was 
written  in  1846,  of  course  a  considerable  time  after  the  enact- 
ment of  the  federal  constitution.  Without  giving  more  import- 
ance to  this  great  compact  than  is  right,  I  think  it  would  have 
been  but  proper,  fair,  and  business-like,  to  mention  in  this  pream- 
ble, that  the  state  in  question  is  one  of  the  United  States  of  Amer- 
ica. In  the  manner  this  constitution  is  treating  the  best  and 
greatest  confederation  ever  made  by  men,  it  seems  Jo  be  but  a 
trifling  concern,  hardly  worth  while  to  be  mentioned  at  all.  I 
think  that  such  a  curial  or  official  style  is.  neither  right  nor  pru- 
dent. To  be  a  member  of  th?is  confederation  must  be  our  greatest 
pride,  and  appear  in  bold  relief  upon  the  escutcheon  of  every 
state,  and  in  distinct  words  in  the  preamble  of  every  constitu- 
tion. This  Union  is  our  strength,  our  greatness.  The  states 
must  acknowledge  it  before  the  world,  for  it  is  their  own  work. 
This  may  be  done  in  their  constitutions,  by  something  like  the  fol- 
lowing words :  "  We,  the  people  of  the  state  of ,  one  of  the 

United  States  of  America,  under  the  constitution  of  September  7, 
1787,  bounded  as  follows: ,for  the  purpose  of  establishing 


206  MUNICIPAL   GOVERNMENT. 

justice  and  order,  and  promoting  the  general  welfare,  do  ordain," 
etc.  This  would  not  be  at  all  an  empty  phraseology,  because  by 
such  a  preface  the  political  position,  relation,  and  character  of  the 
state,  and  its  government,  would  be  at  once  clear,  the  guaranty 
of  the  constitution  by  the  powerful  confederation  pointed  out,  the 
realization  of  justice  and  order  made  the  main  purpose  of  the 
organic  law  and  state  itself;  further,  all  visionary  schemes  and  ex- 
periments barred  on  the  outset,  and  in  the  course  of  time  wholly 
excluded  from  its  province.  I  expressly  say  in  the  course  of 
time,  because  the  present  bad  practice  can  not  be  reformed  at 
once,  even  by  the  most  perfect  constitution.  Still,  we  have  to 
begin  the  reform. 

Of  these  very  important  points  this  constitution  leaves  the 
reader,  and  citizens,  and  the  world  in  darkness.  It  simply  fore- 
shadows that  the  framers  did  not  start  from  a  distinct  principle, 
like  those  of  the  federal  constitution.  It  will  not  be  my  fault  if 
I  have  to  point  out  this  difference  often.  I  am  sorry  for  it,  be- 
cause I  do  not  much  approve  of  the  criticizing  of  laws  and  con- 
stitutions, if  they  are  tolerably  good.  But  truth  will  prevail, 
whatever  my  opinion  may  be  about  this  organic  law. 


LETTE  R   II. 

Bill  of  Rights.  —  Peers.  — Jury.  —  Disagreeing.  —  Acquittals. —  Liberty  of 
Conscience  and  Worship.  —  Habeas  Corpus.  —  Injunctions.  —  Bail.  — 
Grand  Jury.  —  Protection  of  Private  Property.  —  Pauperism.  —  Char- 
ity. 

WE  come  now  to  a  subject  of  which  I  wrote  a  few  lines  in  my 
letters  on  the  federal  constitution. 

ARTICLE  I. 
Bill  of  Rights. 

"  1 .  No  member  of  this  state  shall  be  disfranchized,  or  deprived  of  any  of 
the  rights  or  privileges  secured  to  any  citizen  thereof,  unless  by  the  law  of 
the  land,  or  the  judgment  of  his  peers." 

A  bill  of  rights  is  a  declaration  of  certain   conditions  under 


BILL   OF  RIGHTS.  207 

which  people  wish  to  be  governed.  When  the  English  people  or 
rathfer  the  aristocracy,  unmindful  of  1  Samuel,  chap,  viii.,  choose 
foreign  princes  as  their  kings,  they  drew  up  a  list  of  conditions,  or 
rights,  or  privileges,  which  they  demanded  to  be  respected  by  the 
foreign  rulers.  The  thing,  therefore,  is  of  a  peculiar  monarchical 
origin,  and  very  well  for  people  who  make  foreign  princes  their 
hereditary  rulers,  but  of  no  use  in  our  republics,  provided,  that 
our  constitutions  distinctly  describe  the  sphere  and  powers  of  the 
officials  (an  easy  task  withal),  and  for  which  purpose  they  are,  in- 
deed, written  down.  There  is  no  bill  of  rights  in  the  federal  con- 
stitution. Where  the  object  of  setting  up  a  state  institution  or 
government  (legislature,  judiciary,  executive)  is  the  realization  of 
justice,  no  man  ever  will  be  disfranchized,  and  if  this  can  not  be 
helped  by  a  constitution,  as  was  the  case  in  the  celebrated  metropol- 
itan police  affair,  what  difference  does  it  make,  whether  a  person,  or 
city,  or  county,  is  disfranchized  by  law  or  a  judgment  of  peers  ? 

The  proper  sense  of  the  phrase,  "or  the  judgment  of  his 
peers,"  is  not  clear  in  America,  although  I  can  easily  perceive  its 
bearing  in  Great  Britain,  whose  laws  are  made  for  a  society  com- 
posed of  privileged  classes.  If  there  is  a  duke  under  judgment, 
he  has  probably  the  privilege  to  be  judged  by  dukes ;  a  prelate 
may  insist  to  be  judged  by  peers,  viz.,  prelates  ;  and  so  on  with 
princes  of  blood,  earls,  barons,  marquises,  counts,  freeholders,  and 
tenants,  &c.,  &c.  The  state  of  New  York,  being  a  republic, 
does,  of  course,  not  recognise  any  monarchical  classification  of  its 
citizens  ;  they  are  before  the  law  equal.  If  the  word  peer  refers 
to  this  state  of  equality  and  not,  perhaps,  to  political  parties,  then 
the  phrase  would  mean,  that  we  shall  be  judged  by  our  equals. 
But  this  would  be  self-evident  and  no  privilege,  and,  therefore, 
superfluous  in  a  bill  of  rights. 

So  we  may  presume  that  it  has  reference  to  the  jury,  of  which 
the  following  clause  treats.  But  in  regard  to  the  right  of  a  citi- 
zen to  be  judged  by  a  jury  of  his  equals,  special  laws  have  made 
great  inroads  upon  the  bill  of  rights,  by  exempting  all  clergymen, 
lawyers,  teachers,  doctors,  firemen,  militiamen,  and  those  who  have 
formed  an  opinion  on  the  case  under  trial,  from  the  jury  service, 
depriving  thus  all  those  just-mentioned  members  of  society  of  the 
privilege  to  be  judged  by  their  peers.  My  purpose  is  to  throw  the 
fullest  light  upon  my  subject,  neither  dimmed  by  the  cobweb  cur- 


208  MUNICIPAL   GOVERNMENT. 

tains  of  law-cant  nor  by  rusty  blinds  of  feudal  legislation  of  bygone 
times.  What  is  right  is  a  product  of  common  sense  and  reason, 
enlightened  by  culture,  expressed  by  law.  Our  state  constitutions 
should  not  be  a  rehash  of  unpractical  obsolete  phrases.  How  fault- 
less in  this  regard  is  our  federal  constitution ! 

"  2.  The  trial  by  jury,  in  all  cases  in  which  it  has  been  heretofore  used, 
shall  remain  inviolate  for  ever.  But  a  jury  trial  may  be  waived  by  the  par- 
ties in  all  civil  cases  in  the  manner  to  be  prescribed  by  law." 

This  clause  appears  not  in  its  proper  place,  because  the  jury  is 
a  part  of  the  judiciary,  and  should  be  provided  for  under  this  head. 
The  words  "for  ever"  are  exceptionable.  We  are  mortals;  our 
mind  follows  the  clock  of  time.  If  the  next  generation  should  dis- 
like the  jury  system,  which  at  present  works  badly  enough,  and 
dispense  with  it,  it  would  require  an  alteration  of  the  constitution. 
This  is,  as  you  know,  merely  a  general  organizing  law,  put  into 
operation  by  special  acts.  Society  is  changing  and  progressing ; 
constitutions,  therefore,  should  be  made  so  that,  .in  substance,  they 
work  in  consonance  with  the  time.  Justice  is  always  the  same ; 
but  the  ways  and  means  to  realize  it  are  variable,  and,  therefore, 
subject  to  special  laws. 

I  improve  this  opportunity  to  add  a  few  remarks  on  this  branch 
of  the  judiciary,  which,  if  well  organized,  may  have  still  a  great  in- 
fluence upon  good  order  in  our  society ;  which,  however,  if  destined 
to  be  a  source  of  income  for  mere  loungers  about  the  court-houses, 
deserves  to  be  abolished  at  once. 

€)urs  is  a  government  of  majorities.  In  all  collegiate  bodies,  in 
all  legislatures,  in  all  boards,  in  all  elections,  however  important, 
also  in  that  most  decisive  event,  the  ratification  of  the  federal  con- 
stitution, the  law  of  majority  is,  or  has  been,  recognised  as  im- 
perative ;  but  the  English  jury,  which  is  but  a  judicial  board, 
makes  an  exception  from  this  rule.  Their  verdicts  require  una- 
nimity. The  federal  constitution,  I  say  again,  upon  which  depended 
the  fate  of  this  nation,  went  into  operation  by  a  majority  vote  of 
the  thirteen  states,  while  a  jury  verdict  upon  a  single,  perhaps, 
a  very  trifling  case,  shall  require  unanimity  of  twelve  jurors ! 
The  anomaly  I  speak  of  is  but  a  caprice,  and  one  of  the  curiosities 
of  which  the  English  code  of  procedure,  to  which  this  episode  re- 
fers, abounds.  I  point  out  this  curiosity  here,  in  order  that  some 
one  of  our  legislatures  may  abolish  it. 


JURORS   DISAGREE.  209 

The  majority  principle  works  very  well  in  juries  on  the  conti- 
nent of  Europe.  To  admit,  further,  that  a  judicial  board  can  aban- 
don a  case  because  they  do  not  agree,  is  tantamount  to  anarchy 
and  revolution,  because  a  court  disables  thus  the  state  institution, 
which,  in  the  main,  depends  upon  its  action.  Without  a  judiciary 
there  is  no  state.  We  allow  our  officials,  jurors  included,  too  much 
latitude.  I  would  rather  see  the  whole  jury  abolished  than  in  a 
single  instance  dismissed  because  they  could  not  agree.  There  is 
no  better  proof  of  its  defective  organization,  or  rather  uselessness, 
than  this  fact.  The  sworn  duty  of  the  jury  is  to  give  a  verdict,  as 
that  of  a  court  is  to  give  a  sentence.  What  would  the  public  say 
of  a  judge  who  could  not  agree  with  himself  about  a  sentence ! 

As  long  as  the  before-mentioned  personal  exceptions  from 
jury  service  remains  on  the  statute  books,  and  those  who  are 
able  to  form  an  opinion  on  a  case  under  trial  may  be  challenged 
and  rejected,  the  trial  by  jury  will  be  offensive  to  the  instinct  of 
justice,  and  from  time  to  time  regulated  by  Lynch  law  and 
vigilance  committees,  in  spite  of  the  constitutional  provisions 
about  the  eternity  of  the  jury  to  the  contrary. 

If  a  jury  acquits  a  criminal  whose  guilt  is  matter  of  evidence 
—  alas,  cases  of  frequent  occurrence — the  verdict  must  be  by 
the  agency  of  a  special  tribunal,  or  the  governor  or  the  grand 
jury  set  aside,  and  the  perfidious  jurors  at  once  persecuted  for 
perjury,  because  such  a  verdict  is  legal  perjury,  and,  indeed, 
treason  —  nothing  else.  The  autocracy  of  jury  verdicts  must 
cease  when  their  authors  use  their  power  to  shield  criminality, 
the  very  evil  which  to  check  and  eradicate  is  one  of  the  main 
objects  of  the  state  institution.  The  home  source  of  the  Eng- 
lish laws  is  a  dismal  swamp  of  immorality.  The  profligate  per- 
sonal character  of  almost  all  English  monarchs,  the  peculiarly 
corrupt  manner  of  the  composition  of  the  parliament,  the  no- 
torious sunken  morality  of  the  aristocracy  and  leading  men, 
must  necessarily  have  exercised  for  centuries  a  sinister  influence 
upon  the  laws  and  the  masses.  Unprincipled  and  reckless  men 
never  will  make  good  laws,  neither  in  Great  Britain  nor  else- 
where. 

"  3.  The  free  exercise  and  enjoyment  of  religious  profession  and  wor- 
ship, without  discrimination  or  preference,  shall  for  ever  be  allowed  in  this 
state  to  all  mankind  ;  and  no  person  shall  be  rendered  incompetent  to  be  a 


210  MUNICIPAL   GOVERNMENT. 

witness  on  account  of  his  opinion  on  matters  of  religious  belief;  but  the 
liberty  of  conscience  hereby  secured  shall  not  be  so  construed  as  to  excuse 
acts  of  licentiousness,  or  justify  practices  inconsistent  with  the  peace  of  this 
state." 

I  do  not  think  it  is  necessary  to  say  a  word  in  one  of  our 
constitutions  about  religion,  worshipping,  speaking,  and  printing, 
as  little  as  about  teaching,  curing  diseases,  making  shoes,  etc., 
because  a  real  free  state  never  interferes  with  honest  industry, 
never  can  have  anything  to  do  with  such  private  affairs,  except 
they  are  practised  or  managed  in  such  a  manner  that  they  vio- 
late rights  and  give  rise  to  complaints,  when  the  judiciary  will 
be  called  upon  to  look  into  the  matter. 

"  4.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when,  in  cases  of  rebellion  or  invasion,  the  public  safety  may  require 
its  suspension." 

I  have  spoken  of  this  so-called  privilege  in  the  first  part. 

A  general  proviso,  forming  at  the  same  time  a  part  of  the 
American  common  law,  that  no  person  shall  be  arrested  unless 
guilty  of  disobedience  when  summoned,  or  of  a  criminal  act 
(felony)  and  suspect  of  flight  from  justice,  would  now  answer 
better  for  the  real  protection  against  abuse  of  power  than  this 
privilege ;  because  in  spite  of  it,  there  are  constantly  persons  ar- 
rested and  set  free  on  bail  who  should  never  be  molested  in  this 
manner. 

I  refer  here  only  to  the  injuncture-procedure  against  the 
mayor  of  the  city  of  New  York,  in  the  metropolitan  police-law 
controversy,  who,  in  opposing  as  mayor,  this  law,  became  neither 
a  felon  nor  "  suspect"  to  fly  from  justice,  but  was  notwithstanding 
arrested.  Secondly,  I  mention  an  arrest  of  the  mayor  of  Brook- 
lyn because  some  one  felt  offended  by  his  official  acts.  For  what 
use  is  this  rigor  ? 

"  5.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed  ; 
nor  shall  cruel  and  unusual  punishments  be  inflicted,  nor  shall  witnesses  be 
unreasonably  detained." 

General  phrases  of  this  kind  are  useless ;  a  witness  should 
never  be  detained,  but  instantaneously  examined  and  dismissed. 

It  should  be  common  law  with  us,  that  no  person  can  be 
forced  to  bear  testimony  except  before  his  regular  court,  to 


BAIL.  —  GRAND  JURY.  211 

whom,  if  not  the  court  of  litigation  or  trial,  the  case,  with  ques- 
tions from  both  parties,  may  be  sent  for  this  purpose.  This  is 
the  judicial  practice,  to  my  knowledge,  on  the  continent  of  Eu- 
rope. It  works  well,  is  expeditious,  and  just  and  humane,  while 
the  English  custom  deserves  to  be  called  savage. 

"6.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  infamous 
crime  (except  in  cases  of  impeachment,  and  cases  of  the  militia  when  in 
actual  service,  and  the  land  and  naval  forces  in  time  of  war,  or  which  this 
state  may  keep  with  the  consent  of  Congress  in  time  of  peace,  and  in  cases  of 
petit  larceny,  under  the  regulation  of  the  legislature),  unless  on  presentment 
or  indictment  of  a  grand  jury ;  and  in  any  trial  in  any  court  whatever,  the 
party  accused  shall  be  allowed  to  appear  and  defend  in  person  and  with 
counsel,  as  in  civil  actions.  No  person  shall  be  subject  to  be  twice  put  in 
jeopardy  for  the  same  offence ;  nor  shall  he  be  compelled  in  any  criminal 
case  to  be  a  witness  against  himself,  nor  be  deprived  of  his  life,  liberty,  or 
property  without  due  process  of  law ;  nor  shall  private  property  be  taken 
for  public  use  without  just-compensation." 

The  grand  jury  is  also  a  part  of  the  judicial  machinery,  at 
present  considered  by  many  of  doubtful  utility.  Its  delibera- 
tions ought  to  be  secret,  while  in  all  cases  of  suspected  violent 
death  the  coroner's  inquest,  preceding  the  action  of  the  grand 
jury,  is  public!  If  a  person  has  been  acquitted  for  want  of 
proof,  and  later  clear  proof  of  guilt  is  found,  there  is  no  good 
reason  why  the  accused  should  not  be  tried  again.  Justice 
toward  society  requires,  under  such  circumstances,  a  new  inves- 
tigation, just  as  against  a  condemnatory  sentence  a  new  trial  is 
allowed.  That  an  accused  may  defend  himself  by  counsel  is 
well  enough ;  but  it  can  not  be  denied  that  the  admittance  of 
counsel  from  the  beginning  of  the  trial  is  more  calculated  to 
defeat  the  ends  of  justice  than  to  promote  them.  The  pro- 
hibition of  confessing  a  crime  or  making  a  clean  breast,  or  as  the 
phrase  is,  to  be  witness  against  one  self,  is  immoral.  To  deprive 
one  by  law  of  his  property,  even  for  the  benefit  of  beggars  or 
paupers,  would  no  doubt  be  unjust ;  but  it  is  daily  done.  All 
political  charity,  and  all  taxes  raised  by  force  of  law  for  the  sup- 
port of  the  poor,  are  so  many  violations  of  this  maxim.  There- 
fore no  good  government  should  draw  charity  into  its  sphere. 
It  seems  to  be  done  in  Great  Britain,  on  account  of  a  general 
popular  custom,  expressed  by  a  cant  phrase  which  you  may  often 
hear,  viz.,  "  the  town  or  county  owes  me  a  living."  I  attribute 


212  MUNICIPAL   GOVERNMENT. 

to  it  much  of  our  public  pauperism.  According  to  the  pauper 
statistics  of  Brooklyn,  N.  Y.,  in  1856-'57  there  were  relieved,  at 
public  expense,  by  law,  2,295  families,  viz.,  479  American,  2,519 
Irish,  122  English,  15  Canadian,  31  Scotch,  2  Nova  Scotians, 
1  Welsh,  71  Germans,  183  French,  showing  an  immense  pre- 
ponderance of  the  English  for  beggarism,  probably  because  the 
city  owes  them  a  living,  a  phrase  unknown  to  Germans.  There 
is,  if  not  a  larger,  an  equal  proportion  of  English  (Irish  in- 
cluded) and  German  inhabitants  in  this  city.  What  good  have 
those  English  beggars  done  for  this  city  to  oblige  her  to  give  them 
a  living  ?  I  stop  for  an  answer. 

Charity,  when  practised  by  the  state,  will  be  made  use  of  for 
political  capital,  and  demoralize  the  indigent,  evils  easily  avoided 
by  prudent  private  charity.  In  Europe,  many  political  con- 
trivances, as  high  taxes,  standing  armies,  frequent  wars,  interfer- 
ence with  industry  by  laws,  produces  poverty,  which,  afterward, 
political  charity  tries  to  mitigate.  Our  system  of  government, 
which  leaves  every  man  entirely  at  liberty  to  procure  by  industry 
his  daily  bread,  is  diametrically  opposed  to  such  a  monarchical 
policy. 

We  should,  therefore,  never  have  imitated  the  same.  It  is  a 
false  pride  to  boast  of  our  poor-house  palaces.  They  are  giving 
the  lie  to  the  principles  of  self-government.  Both  our  beautiful 
rich  country  and  excellent  system  of  governing  should  have  pre- 
vented the  growth  of  such  foreign  social  parasitical  plants.  The 
Friends  give  the  right  example  in  this  regard.  The  ladies 
should  look  into  this  political  charity  business. 

Of  the  municipal,  land,  and  naval  forces  of  this  state,  more 
anon. 


FREE   SPEECH.  213 


LETTER    III. 

Compensation  for  Private  Property  when  taken  for  Public  Use.  —  Eoads. — 
Liberty  of  the  Press. — Libels.  —  Assembling  and  Petition  Eight. — 
Divorce.  —  Lottery. —  Escheats. —  Feudal  Tenures. —  Allodiums. —  Leases 
of  Land.  —  Fines.  —  Quarter  -  Sales.  —  Indian  Land  -  Sales.  —  Common 
Law. —  Colonial  Law.  —  Royal  British  Grants.  —  Property  Laws. — 
American  Common  Law.  —  Rights  of  Self-Go vernment.  —  Prohibition 
of  Foreign  Laws.  —  The  Church  Poor-Laws.  —  State  Scholars. 

You  will  soon  perceive  that  we  are  in  the  beehive  of  society. 

"  7.  When  private  property  shall  be  taken  for  any  public  use,  the  com- 
pensation to  be  made  therefor,  when  such  compensation  is  not  made  by  the 
state,  shall  be  ascertained  by  a  jury,  or  by  not  less  than  three  commissioners 
appointed  by  a  court  of  record,  as  shall  be  prescribed  by  law.  Private  roads 
may  be  opened  in  the  manner  to  be  prescribed  by  law  ;  but  in  every  case  the 
necessity  of  the  road,  and  the  amount  of  all  damage  to  be  sustained  by  the 
opening  thereof,  shall  be  first  determined  by  a  jury  of  freeholders,  and  such 
amount,  together  with  the  expenses  of  the  proceeding,  shall  be  paid  by  the 
person  to  be  benefitted." 

The  proviso  that  no  private  property  shall  be  taken  for  public  use 
without  compensation,  is  perfectly  right.  Specialities  belong  to  spe- 
cial laws.  Even  no  property  of  towns  or  counties  shall  be  taken 
for  the  use  of  the  state  without  compensation.  The  metropolitan 
state  police-law  encroached  upon  the  property-right  of  towns  or 
cities,  by  claiming  their  telegraphs,  etc.,  for  state  purposes,  and 
was,  therefore,  unconstitutional. 

"  8.  Every  citizen  may  freely  speak,  write,  and  publish  his  sentiments  on 
all  subjects,  being  responsible  for  the  abuse  of  that  right ;  and  no  law  shall 
be  passed  to  restrain  or  abridge  the  liberty  of  speech  or  of  the  press.  In  all 
criminal  prosecutions  or  indictments  for  libel,  the  truth  may  be  given  in  evi- 
dence to  the  jury;  and  if  it  shall  appear  to  the  jury  that  the  matter  charged 
as  libellous  is  true,  and  was  published  with  good  motives  and  for  justifiable 
ends,  the  party  shall  be  acquitted,  and  the  jury  shall  have  the  right  to  deter- 
mine the  law  and  the  fact." 

I  refer  to  my  remarks  at  clause  third.  It  has  been  a  disputed 
question  among  jurists,  since  time  immemorial,  whether  a  man  who 
calls  his  neighbor  a  thief  may  be  justified  by  proving  that  he  has 


214  MUNICIPAL   GOVERNMENT. 

stolen  once,  which,  of  course,  constitutes  a  thief.  The  constitution 
says  such  chiding  or  calumniating  may  be  justifiable ;  but  I  think 
the  matter  belongs  to  a  statute-book.  People  in  a  few  years  may 
think  differently  about  the  calling  of  bad  names,  and  therefore 
consider  such  acts  discourteous  and  not  justifiable.  Manners  and 
morals  alter  from  time  to  time,  and  laws  bearing  upon  them  also. 
Constitutions  must  not  bar  such  alterations.  The  common  sense 
expressed  by  an  honest  court  and  jury  is  the  best  judge  in  such 
things.  In  this  clause  is  an  express  acknowledgment  of  the 
liberty  of  the  press.  I  like  in  this  regard  that  which  is  called  in 
Great  Britain  a  constitution  much  better  for  being  silent  on  this 
subject.  There  is  no  free  society  without  liberty  of  industry,  that 
of  printing,  speaking,  preaching,  etc.^  included.  Better  preserve 
this  most  precious  liberty  without  saying  a  word  about  it  in  the 
constitution.  Public  opinion  is  the  surest  guaranty  of  such  things, 
while  printed  words  may  be  quibbled  away  by  unreasonable  in- 
terpretation. The  heart  of  the  people,  from  which  emanates 
public  opinion,  no  court,  no  lawyer  can  quibble  away. 

"  9.  The  assent  of  two  thirds  of  the  members  elected  to  each  branch  of  the 
legislature  shall  be  requisite  to  every  bill  appropriating  the  public  moneys  or 
property  for  local  or  private  purposes." 

This  clause  betrays  a  want  of  principle  and  a  wrong  view  of 
state  institutions.  Their  resources  are,  presumptively,  taxes 
raised  for  the  support  of  this  institution,  and  not  for  that  of  pri- 
vate persons  under  whatever  pretexts.  To  prevent  this  by  a  two- 
third  vote  or  a  unanimous  vote  of  the  legislature,  is  realizing 
injustice  and  an  abuse  of  state  power.  Canals,  concerts,  theatres, 
agriculture,  tailoring,  book-writing,  and  a  thousand  other  private 
affairs,  however  good  and  desirable,  must  not  induce  a  good  legis- 
lature to  spend  a  cent  of  the  state  revenues  for  such  things. 
Free  or  unsubject  society,  if  not  impoverished  by  high  taxes,  is 
well  able  to  take  care  of  all  private  affairs ;  but  no  society  as  it 
is  at  present  can  go  along  without  a  state  institution  providing 
justice. 

"  10.  No  law  shall  be  passed  abridging  the  rights  of  tbe  people  peaceably 
to  assemble,  and  to  petition  the  government,  or  any  department  thereof;  nor 
shall  any  divorce  be  granted  otherwise  than  by  due  judicial  proceedings  ;  nor 
shall  any  lottery  hereafter  be  authorized,  or  any  sale  of  lottery  tickets 
allowed,  within  the  state." 


ESCHEAT   LAWS.  215 

A  democratic  society  can  not  exist  without  the  right  of  assem- 
bling. Our  government  officials  are  our  agents ;  nothing  else. 
That  such  officials  ever  should  stop  peaceable  meetings,  or  refuse 
to  accept  petitions,  or  dare  to  forbid  petitioning,  is  in  our  times 
incredible.  Such  negative  provisoes,  quite  frequently  occurring 
in  the  federal  constitution,  are  not  subjects  for  a  real  bill  of  rights. 

Lotteries  are  games,  and  may  be  allowed  to-day  and  forbidden 
to-morrow,  without  mentioning  them  in  a  constitution.  Divorces 
are  litigious  cases  belonging  by  themselves  to  the  tribunals. 

"11.  The  people  of  this  state,  in  their  right  of  sovereignty,  are  deemed  to 
possess  the  original  and  ultimate  property  in  and  to  all  lands  within  the  ju- 
risdiction of  the  state ;  and  all  lands,  the  title  to  which  shall  fail,  from  a  de- 
fect of  heirs,  shall  revert  or  escheat  to  the  people. 

A  special  escheat  law  has  to  settle  the  rights  about  property 
without  owner.  This  may  well  be  left  to  the  towns,  a  part  of  the 
state  where  it  has  bee^  presumptively  acquired.  So  the  clause 
will  not  be  missed  here  if  obliterated  and  transplanted  into  the 
statute-book. 

'  "  12.  All  feudal  tenures  of  every  description,  with  all  their  incidents,  are 
declared  to  be  abolished ;  saving,  however,  all  rents  and  services  certain 
which  at  any  time  heretofore  have  been  lawfully  created  or  reserved. 

"  13.  All  lands  within  this  state  are  declared  to  be  allodial,  so  that,  subject 
only  to  the  liability  to  escheat,  the  entire  and  absolute  property  is  vested  in 
the  owners  according  to  the  nature  of  their  respective  estates. 

"  14.  No  lease  or  grant  of  agricultural  land  for  a  longer  period  than  twelve 
years,  hereafter  made,  in  which  shall  be  reserved  any  rent  or  service  of  any 
kind,  shall  be  valid. 

"15.  All  fines,  quarter-sales,  or  other  like  restraints  upon  alienation,  re- 
served, in  any  grant  of  land  hereafter  to  be  made,  shall  be  void. 

"  16.  No  purchase  or  contract  for  the  sale  of  lands  in  this  state,  made  since 
the  fourteenth  day  of  October,  one  thousand  seven  hundred  and  seventy-five> 
or  which  may  hereafter  be  made,  of,  or  with  the  Indians,  shall  be  valid,  unless 
made  under  the  authority  and  with  the  consent  of  the  legislature." 

There  seems  to  have  been  no  logical  connection  between  those 
clauses  and  a  real  bill  of  rights.  All  such  things  belong  to  the 
statute-book. 

"17.  Such  parts  of  the  common  law,  and  of  the  acts  of  the  legislature  of 
the  colony  of  New  York,  as  together  did  form  the  law  of  the  said  colony,  on 
the  nineteenth  day  of  April,  one  thousand  seven  hundred  and  seventy-five, 
and  the  resolutions  of  the  Congress  of  said  colony,  and  of  the  Convention 
of  the  state  of  New  York,  in  force  on  the  twentieth  day  of  April,  one  thousand 
seven  hundred  and  seventy-seven,  which  have  not  since  expired,  or  been  re- 


216  MUNICIPAL  GOVERNMENT. 

pealed  or  altered ;  and  such  acts  of  the  legislature  of  this  state  as  are  now  in 
force  shall  be  and  continue  the  law  of  this  state,  subject  to  such  alterations 
as  the  legislature  shall  make  concerning  the  same.  But  all  such  parts  of  the 
common  law,  and  such  of  the  said  acts,  or  parts  thereof,  as  are  repugnant  to 
this  constitution,  are  hereby  abrogated,  and  the  legislature  at  its  first  session 
after  the  adoption  of  this  constitution,  shall  appoint  three  commissioners, 
whose  duty  it  shall  be  to  reduce  into  a  written  and  systematic  code  the  whole 
body  of  the  law  of  this  state,  or  so  much  and  such  parts  thereof  as  to  the 
said  commissioners  shall  seem  practicable  and  expedient.  And  the  said 
commissioners  shall  specify  such  alterations  and  amendments  therein  as  they 
shall  deem  proper,  and  they  shall  at  all  times  make  reports  of  their  proceed- 
ings to  the  legislature  when  called  upon  to  do  so ;  and  the  legislature  shall 
pass  laws  regulating  the  tenure  of  office,  the  filling  of  vacancies  therein,  and 
the  compensation  of  said  commissioners ;  and  shall  also  provide  for  the 
publication  of  the  said  code  prior  to  its  being  presented  to  the  legislature  for 
adoption." 

All  laws  enacted  by  a  legislative  body  of  the  state  of  New 
York,  or  the  colony  of  New  York,  must  be  obeyed  until  repealed. 
What  laws  are  valid  is  the  business  of  the  jurists  and  courts  to 
know.  This  proviso  seems  therefore  to  be  superfluous. 

"18.  All  grants  of  land  within  this  state,  made  by  the  king  of  Great 
Britain,  or  persons  acting  under  his  authority,  after  the  fourteenth  day  of 
October,  one  thousand  seven  hundred  and  seventy-five,  shall  be  null  and  void ; 
but  nothing  contained  in  this  constitution  shall  affect  any  grants  of  land 
within  this  state,  made  by  the  authority  of  the  said  king  or  his  predecessors, 
or  shall  annul  any  charters  to  bodies  politic  and  corporate,  by  him  or  them 
made  before  that  day,  or  shall  affect  any  such  grants  or  charters  since  made 
by  tins  state,  or  by  persons  acting  under  its  authority,  or  shall  impair  the 
obligation  of  any  debts  contracted  by  this  state,  or  individuals,  or  bodies  cor- 
porate, or  any  other  rights  of  property,  or  any  suits,  actions,  rights  of  action, 
or  other  proceedings  in  courts  of  justice." 

This  proviso  is  in  connection  with  the  colonial  history.  In 
1775  the  first  Congress  of  the  thirteen  states  assembled  at  Phila- 
delphia, New  York  among  them.  In  1776  appeared  the  Declara- 
tion of  Independence.  A  special  act  may  be  useful  to  guide  -the 
courts  in  regard  to  the  beginning  of  the  political  state  independ- 
ence. Constitutions  have  nothing  to  decide  on  private  rights. 
This  is  the  business  of  the  judiciary.  All  these  provisoes  from 
twelve  following  are  in  connection  with  the  manor  difficulties  ex- 
isting in  this  state.  About  the  different  modes  of  possessing 
property,  the  statute-book  must  be  explicit.  A  feudal  tenure  is 
land,  the  limited  title  of  which  is  derived  from  a  feudal  lord,  or 
superior  proprietor,  who  retains  a  superior  property  right,  recog- 


AMERICAN    COMMON   LAW.  217 

nised  by  tribute,  rent,  or  services.  The  opposite  is  allodial 
property. 

We  have  in  a  great  measure  disentangled  our  state  institutions 
from  many  features  of  an  English  origin,  and  still  have  perse- 
veringly  to  pursue  this  course  of  reform  to  make  them  American. 
But  before  we  part  from  this  so-called  bill  of  rights,  I  should  point 
it  out  as  a  sensible  trait  of  this  constitution  worthy  of  imitation, 
that  its  framers  have  not  inserted  the  stereotyped  phrase  gene- 
rally occurring  in  other  "northern"  constitutions,  which  prohibits 
involuntary  service  or  bound  labor;  because  it  is  not  only  entirely 
superfluous,  this  kind  of  labor  being  in  the  north  self-prohibitive, 
but  also  discourteous  toward  our  southern  states,  and  exceedingly 
injurious  to  personal  freedom,  by  frightening  away  the  masters 
with  their  bound  laborers,  from  such  states,  thus  depriving  the 
slaves  of  a  chance  to  become  acquainted  with  society  where  free 
labor  prevails. 

A  constitution  is  a  frame,  a  form,  an  organic  law,  and  neither  a 
statute,  nor  a  grant  or  compromise,  in  the  proper  sense  of  these 
words.  The  frame  must  tit  society  easily ;  society  must  not  be 
cramped  into  the  frame. 

I  take  advantage  here  to  add  a  few  remarks  on  American  com- 
mon law.  What  bears  this  name  at  present  is  of  English  origin, 
and,  in  regard  to  general  maxims,  fair  enough,  but  not  better 
than  the  Roman  law,  the  main  source  of  all  European  codes, 
called,  on  account  of  its  sound  reasoning,  written  reason.  However, 
the  English  common  law  does  not  exactly  answer  for  our  purposes. 
In  order  to  come  to  an  indigenous  common  law,  our  state  consti- 
tutions should — firstly,  prohibit  all  reference  to  any  foreign  law  of 
whatever  origin ;  secondly,  it  should  be  a  general  maxim  that  the 
judiciary,  if  called  upon  to  judge  on  the  constitutionality  of  laws, 
shall  so  construe  the  constitution  as  if  it  never  intended  to  interfere 
with  the  rights  of  self-government,  of  persons,  families,  towns,  and 
counties,  but  that  one  of  their  main  objects  is  to  protect  and  guar- 
anty those  rights  ;  thirdly,  that  a  rule  be  laid  down  for  the  division 
of  overgrown  political  districts,  and  that  these  districts*are  pro- 
hibited from  contracting  debts  for  private  or  non-political  subjects, 
to  avoid  all  chances  for  repudiations  and  similar  dishonest  acts  ; 
fourthly,  that  towns  are  made  responsible  for  all  damages  in  per- 
sons and  property  caused  by  riots  of  bands ;  that  counties  are 

10 


218  MUNICIPAL   GOVERNMENT. 

responsible  for  the  same  caused  by  riots  of  the  people  of  a  whole 
town,  and  that  they  shall  be  respectively  charged  and  assessed. 
If  persons  are  killed,  the  tariff  or  principles  generally  followed  in 
railroad  and  similar  accidents  may  serve  as  a  rule.  By-the-by, 
these  railroad  indemnifications  prove  that  in  law  every  person, 
and  not  a  bound  laborer  only,  has  a  money  value. 

Those  who  wish  to  appreciate  the  name  American,  as  Washing- 
ton desired  in  his  farewell  address,  must  long  for  a  common  law 
of  our  own.  We  are  too  much  governed  by  foreign  laws  antag- 
onistic to  our  institutions.  If  I  appear  as  speaking  harsh  upon 
such  inherited  laws,  I  wish  it  to  be  understood  that  I  do  not  reflect 
upon  men.  I  recollect  to  have  seen  in  Sparks's  Life  of  Franklin, 
an  old  letter  from  that  true  nobleman,  Larochefacault,  wherein 
he  congratulates  the  doctor  on  the  federal  constitution,  adding  ex- 
pressly that  it  would  now  become  necessary  to  change  our  code 
of  laws.  I  write  from  memory.  If  we  strip  our  legislatures  of 
all  power  to  meddle  with  non-political  business,  and  thus  confine 
their  whole  attention  and  time  to  the  better  realization  of  justice, 
should  we  not  easily  and  naturally  arrive  to  a  more  perfect  state  of 
public  administration  and  public  virtue,  too,  than  the  present  ? 
Why  not  make  our  states  in  this,  their  proper  sphere,  perfect  ? 

My  suggestions  on  the  management  of  our  states  are  at  va- 
riance with  the  present  practice,  and  why  ?  because  I  maintain 
that  only  strictly  political  business  should  be  intrusted  to  govern- 
ments, while  the  usual  policy  starts  from  the  idea  that  a  state 
government  may  do  anything  it  thinks  proper  for  society.  The 
difference,  therefore,  is  in  business,  not  in  men.  I  further  main- 
tain that  my  views  are  strictly  American,  and  the  other  European 
or  Asiatic.  If  our  legislatures  ordain  that  the  counties  shall  have 
power  to  establish  poorhouses,  and  tax  the  people  to  raise  the  funds 
for  their  support,  they  assume  that  the  supporting  of  poor  men  is 
a  political  business,  while  I  call  it  a  mere  charitable  private  per- 
sonal act  of  brotherly  love.  The  Christian  church,  from  its  be- 
ginning, took  hold  of  this  business,  tried  to  introduce  communism 
on  this  Account,  and  later,  when  united  with  the  states,  transferred 
it  to  them.  We  have  separated  the  church  from  the  state,  and 
the  church  has  to  take  back  this  charity  business,  if  it  may  not 
be  entirely  left  with  the  benevolent,  as  a  mere  personal  private 
affair ;  instead  of  doing  so  we  have,  by  bad  centralization,  made  it 


STATE   SCHOLARS.  219 

a  county  business.  The  motion  made  in  the  legislature  of  the 
state  of  New  York  of  1857-8,  to  create  a  central  state-board,  for 
the  governing  of  the  poor  and  almshouse  affairs,  consisting  of  a 
number  of  commissioners  with  a  salary  of  four  thousand  dollars 
each  (I  write  again  from  memory),  would,  if  successful,  only  in- 
crease this  bad  centralization.  Still,  as  gratuitous  as  this  motion 
appears,  it  is  in  fact  not  worse  than  the  law  which  creates  political 
county  poorhouses. 

Another  illustration.  Sciences  and  arts  are  no  doubt  non-political 
business.  Still  at  the  same  legislative  session  a  motion  was  made 
to  create  a  state-scholarship.  Also  this  proposition  has  not  been 
acted  upon ;  but  if  we  have  state  regents  for  colleges,  etc.,  why 
not  have  state  scholars,  too?  Such  things  are  anti-American, 
while  the  Grand  Turk  and  Queen  Victoria  may  create  as  many 
state  or  court  histographers,  scholars,  painters,  etc.,  as  they  please, 
and  give  them  salaries,  pensions,  orders,  titles,  etc.,  beside,  and 
Napoleon  III.  may  forbid  soldiers  to  write  newspaper  articles. 
Such  motions  and  laws  are  to  be  deprecated  in  our  society.  They 
creep  into  our  statutes  in  spite  of  our  bills  of  rights,  so  that  they 
seem  not  to  be  set  up  with  an  eye  to  the  perfecting  of  the 
American  system  of  governing.  But  this  should  be  the  case,  if 
they  are  for  any  use  at  all. 


LETTER    IV. 

Elective  Franchise.  — Restrictions.  —  Citizenship.  —  Ballot.  — Family  voting 
right.  —  Woman.  —  Connecticut.  —  Christianity.  —  Polygamy.  —  Utah.  — 
Kansas  Scandals. 

NOTHING  has  been  a  greater  stumbling-block  for  legislators, 
both  ancient  and  modern,  than  the  voting  laws,  nearly  related  to 
the  citizenship  right.  Age,  birth,  property,  taxes,  color,  religion, 
and  other  more  or  less  irrelevant  items  have  been  made  suffrage 
conditions,  and  no  two  .of  our  states  have  uniform  laws  about  it. 
They  at  least  all  conflict  with  those  of  Congress  in  regard  to  the 
voting  of  naturalized  citizens.  Still  the  suffrage  right  is  the  main 
spring  in  our  political  machinery.  It  brings  us  good  or  bad  leg- 
islators and  governors.  This  constitution  has  adopted  what  is 


220  MUNICIPAL   GOVERNMENT. 

called  the  general  suffrage.  I  have  already  observed  that  it  is  not 
just,  and  therefore  can  not  be  beneficial  for  society.  ^  On  this  very 
ground  the  representative  system  has  taken  the  place  of  the  pure 
democracy  in  the  United  States.  However,  in  a  republic  most 
important  questions,  as  the  adoption  or  amending  of  constitutions 
and  charters,  must  necessarily  pass  the  popular  ordeal.  The  cit- 
izens of  Brooklyn  and  Williamsburgh  had  to  vote  on  consolidation, 
a  purely  monarchical  measure,  in  the  end  detrimental  for  both  cit- 
ies, each  being  already  too  large  for  a  good  local  administration. 
They  voted  affirmatively.  No  true  republican  statesman  will  ap- 
prove of  such  a  vote.  How  important,  therefore,  is  this  subject 
for  society. 

But  let  us  see  what  our  constitution  ordains  about  it. 

ARTICLE    II. 

The  Elective  Franchise. 

"  1.  Every  male  citizen  of  the  age  of  twenty-one  years,  who  shall  have  been 
a  citizen  for  ten  days,  and  an  inhabitant  of  this  state  one  year  next  preceding 
any  election,  and  for  the  last  four  months  a  resident  of  the  county  where  he 
may  offer  his  vote,  shall  be  entitled  to  vote  at  s.uch  election  in  the  election 
district  of  which  he  shall  at  the  time  be  a  resident,  and  not  elsewhere,  for  all 
officers  that  now  are  or  hereafter  may  be  elected  by  the  people ;  but  such  cit- 
izen shall  have  been  for  thirty  days  next  preceding  the  election,  a  resident  of 
the  district  from  which  the  officer  is  to  be  chosen  for  which  he  offers  his  vote. 
But  no  man  of  color,  unless  he  shall  have  been  for  three  years  a  citizen  of 
this  state,  and  for  one  year  next  preceding  any  election  shall  have  been  seized 
and  possessed  of  a  freehold  estate  of  the  value  of  two  hundred  and  fifty  dol- 
lars, over  and  above  all  debts  and  encumbrances  charged  thereon,  and  shall 
have  been  actually  rated  and  paid  a  tax  thereon,  shall  be  entitled  to  vote  at 
such  election.  And  no  person  of  color  shall  be  subject  to  direct  taxation  un- 
less he  shall  be  seized  and  possessed  of  such  real  estate  as  aforesaid. 

Accordingly  the  right  of  voting  belongs,  in  this  state,  exclusively 
to  male  persons.  This  is  not  right.  The  political  organization  is 
not  a  personal  but  a  social  necessity ;  not  made  exclusively  for  the 
male  persons  of  age,  and,  if  of  color,  in  the  possession  of  a  free- 
hold estate  worth  two  hundred  and  fifty  dollars,  but  for  the 'people, 
that  is,  men,  women,  children,  and  all  their  interests.  Human  so- 
ciety is  not,  like  armies,  clubs,  and  partnerships,  composed  of  per- 
sons, but  of  families.  If  this  is  true,  and  I  think  it  is  manifest 
enough,  then  to  the  families,  as  the  constituents  of  society,  belongs 
exclusively  the  suffrage  right.  But  this  criterion  is  not  all  that, 


LANGUAGE   IN   PUBLIC   USE.  221 

in  our  modern  free  states,  a  voting  law  requires.  These  are  or- 
ganized by  written  or  printed  constitutions,  hence  a  necessity  that 
the  voter,  who  represents  the  family,  when  the  family  voting-right 
is  legal,  should,  besides  be  able  to  read  the  language  in  public  use, 
and  to  write  it  too,  because  he  has  to  vote  with  the  help  of  printed 
or  written  tickets.  The  working  of  the  machinery  of  the  state 
depends  upon  publicity,  or  upon  writing,  reading,  speaking,  and 
printing.  The  public  business  must,  in  a  great  measure,  remain 
chaotic  for  a  man  who  can  not  read.  How  will  such  a  man  be 
able  to  vote  with  due  circumspection  ?  If  they  were,  for  the  time 
being,  excluded  from  the  polls,  it  would  induce  the  indolent  to  learn 
how  to  read  and  write,  and  have  his  children  instructed,  without 
being  forced  to  it  by  truant  laws  and  policemen ;  or  by  school 
boards  and  state  laws.  Connecticut  had  the  courage  to  make  the 
knowledge  of  language  a  voting  law.  Give,  then,  each  family  a 
vote,  to  be  cast  by  its  head,  retain  the  term  of  twenty-one  years 
of  age,  add  the  just-mentioned  conditions,  harmonize  the  state  and 
Congressional  legislation,  and  you  will  not  only  comply  with  the 
equitable  laws  of  society,  but  also  reconcile  woman  with  the  state 
institutions.  They  have  a  greater  influence  upon  their  success 
than  is  usually  believed. 

It  is  an  act  of  sincere  chivalry  to  make  woman  a  silent  partner 
of  the  citizenship   right.     The  pernicious  aberrations  about  wo 
man's  rights,  require,  urgently,  such  a  law  as  a  corrective. 

"2.  Laws  may  be  passed  excluding  from  the  right  of  suffrage  all  persons 
who  have  been,  or  may  be  convicted  of  bribery,  larceny,  or  of  any  infamous 
crime,  and  for  depriving  every  person  who  shall  make,  or  become  directly  or 
indirectly  interested  in  any  bet  or  wager  depending  upon  the  result  of  any 
election,  from  the  right  to  vote  at  such  election. 

This  is  matter  for  a  criminal  law-code,  or  statute-book,  but  gen- 
erally right.  Such  men  should  also  be  excluded  from  the  jury. 

"  3.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to  have  gained 
or  lost  a  residence,  by  reason  of  his  presence  or  absence,  while  employed  in 
the  service  of  the  United  States ;  nor  while  engaged  in  the  navigation  of  the 
waters  of  this  state,  or  of  the  United  States,  or  of  the  high  seas ;  nor  while 
a  student  of  any  seminary  of  learning,  nor  while  kept  at  any  almshouse,  or 
other  asylum,  at  public  expense ;  nor  while  confined  in  any  public  prison." 

Belonging  to  the  statute  book. 

"4.  Laws  shall  be  made  for  ascertaining  by  proper  proofs  the  citizens  who 
shall  be  entitled  to  the  right  of  suffrage  hereby  established. 


222  MUNICIPAL   GOVERNMENT. 

"  5.  All  elections  by  the  citizens  shall  be  by  ballot,  except  for  such  town 
officers  as  may  by  law  be  directed  to  be  otherwise  chosen." 

Partly  objects  of  special  laws. 

I  venture  a  few  lines  more  upon  this  subject. 

Such  a  judicious  suffrage  law  as  that  of  families,  resting  upon 
a  just  social  basis,  must  exercise  a  highly  beneficial  influence  upon 
the  governments,  public  virtue,  and  the  morals  in  general. 

Christianity  has  sanctified  the  family  state,  the  best  men  of 
all  ages,  our  Franklin  included,  have  advised  its  establishment. 
Why  then  should  the  civil  law  hesitate  to  support  it  ?  By  giving 
to  the  families  exclusively  the  suffrage  right,  the  state  would  act 
in  the  spirit  of  Christianity  and  humanity,  and  bestow  upon  wo- 
man so  much  social  equality,  as  naturally  belongs  to  her,  while 
the  usual  general  suffrage  law  ignores  her  entirely,  and  brings 
men  upon  the  political  stage  who  are  not  entitled  to  it.  I  speak 
only  of  the  family  suffrage  right,  not  of  offices,  those  may  be  oc- 
cupied by  any  qualified  person,  whether  married  or  not. 

There  good  statesmanship  is  in  request.  It  should  begin  with 
the  territories. 

It  would  have  prevented  polygamy  in  Utah  or  elsewhere  in  the 
United  States,  either  sanctioned  by  law,  or  connived  at,  especially 
in  large  cities ;  it  would  prevent  Kansas-voting  scandal ;  it  would 
exclude  not  only  the  votaries  of  celibacy  from  the  polls,  but  also 
all  mobs.  It  promises  better  quiet  voting  than  anything  which 
has  been  devised  at  present.  Why  not  try  it  ? 

What  I  miss  in  this  article  is,  that  the  Congressional  legislation 
on  the  citizenship  rights  of  emigrants  has  not  been  noticed  at  all, 
although  this  constitutes  in  this  regard  the  supreme  law  of  the 
land.  It  would  be  well  to  act  in  such  things  systematically.  The 
people  in  New  York  state  must  cheerfully  respect  the  laws  made 
by  the  agency  of  their  own  representatives  in  Congress.  By 
doing  so  their  own  proper  state  laws  will  be,  in  turn,  more  cheer- 
fully respected. 

What  may  we  reasonably  expect  from  frequent  elections  and 
rotation  in  office  ?  This  is  an  appropriate  question  here,  which 
you  can  only  answer  if  you  abstract  entirely  from  persons  and  par- 
ties, and  argue  merely  upon  "business,  population,  and  size," 
as  I  have  often  observed.  If  those  three  material  items  are  not 
well  adjusted,  no  election,  no  change  of  party,  no  rotation  will  im- 


LEGISLATURE.  223 

prove  the  public  affairs,  because  no  men,  however  experienced, 
skillful,  and  honest,  can  manage  a  business  well,  which,  by  itself, 
is  unmanageable.  A  hundred  Washingtons  can  not  make  of 
France  a  good  republic,  unless  the  size,  population,  and  public 
business,  are  previously  republicanized,  the  standing  army  dis- 
banded, the  state  clergy  abolished,  etc.,  etc.  All  our  dispropor- 
tionate cities  and  states  will  only,  by  too  much  office-rotation  and 
too  frequent  party  shifts,  be  ruined  faster  than  under  a  more  steady 
form  of  government.  The  history  of  the  last  twenty-five  years 
must  convince  every  sensible  man  that  the  evil  is  not  personal  but 
material.  To  have  then  the  least  faith  in  party-shifts  is  absurd. 
All  parties  will  make  the  most  of  the  bad  state  of  things,  will  with 
alacrity  promise  reforms,  and  the  honest  men  among  them  will  try 
to  the  utmost  of  their  abilities  to  realize  them,  but  not  to  much 
real  purpose.  The  mayors  of  New  York  since  twenty-five  years 
were  all  able  men.  In  what  condition  is  the  city  ?  Every  day's 
paper  tells  it.  I  conclude  this  epistle  with  a  common-sense  ques- 
tion :  what  voyage  do  you  think  a  first  rate  sea-captain  would  make 
with  a  vessel  whose  rudder  and  sails  are  not  adequate  to  the  size 
of  the  craft? 


LETTER    V. 

Legislature.  —  Senate.  —  Districts.  —  Census.  —  Apportionment.  —  Assem- 
bly Districts.  —  Compensation.  —  Civil  Appointment.  —  Congressional  Of- 
ficers.—  Election  Time.  —  Quorum.  —  Journal.  —  Originating  of  Bills. — 
Enacting  Clause.  —  Majority.  —  Private  Bills.— Legislative  Powers  of  the 
Supervisors.  —  County  Election  District.  —  Family  Census.  —  France. — 
Connecticut.  —  Aristotle.  —  Greeks. 

WE  have  now  to  examine  seventeen  provisoes  on  the  legislative 
powers.  You  will  remember  that  in  regard  to  the  national  po- 
litical affairs  all  legislative  powers  are  committed  to  the  care  of 
one  body  —  the  Congress.  But  a  mere  glance  at  a  state  map  or 
the  working  of  our  state  institutions,  as  I  have  endeavored  to  de- 
scribe it  in  a  separate  letter  in  the  First  Part,  will  convince  you 
that,  in  a  municipal  state,  the  legislative  powers  are  not  so  much 
centralized  as  in  Congress,  but  divided  into  three  channels  or  dis- 
tricts, called  state,  county,  and  town  (cities  and  villages),  an  ar- 


224  MUNICIPAL   GOVERNMENT. 

rangement  which  is  of  the  highest  importance  for  the  good  dis- 
patch of  the  municipal  business,  and  the  preservation  of  order  and 
civil  liberty.  Interference  with  the  legislative,  judicial,  and  exe- 
cutive rights  of  these  districts  are  called  encroachments  or  rebel- 
lions. Let  us  see  what  the  constitution  contains  about  the  law- 
making  powers  of  those  districts. 

ARTICLE    III. 

"  1.  The  legislative  power  of  this  state  shall  be  vested  in  a  senate  and  as- 
sembly." 

We  meet  here  the  double  chamber  system  again. 

"  2.  The  senate  shall  consist  of  thirty-two  members,  and  the  senators  shall 
be  chosen  for  two  years.  The  assembly  shall  consist  of  one  hundred  and 
twenty-eight  members,  who  shall  be  annually  elected." 

This  proviso  creates  annual  sessions,  while  biennial  would  prom- 
ise to  prevent  too  much  legislation,  a  great  evil  in  our  times. 

"3.  The  state  shall  be  divided  into  thirty-two  districts,  to  be  called  senate 
districts,  each  of  which  shall  choo-e  one  senator.  The  districts  shall  be  num- 
bered from  one  to  thirty-two  inclusive.  District  No.  1,  shall  consist  of  the 
counties  of  Suffolk,  Richmond,  and  Queens.  District  No.  2  shall  consist 
of  the  county  of  Kings.  Districts  No.  3,  4,  5,  and  6  shall  consist  of  the 
city  and  county  of  New  York.  And  the  board  of  supervisors  of  said  city 
and  county  shall,  on  or  before  the  first  day  of  May,  1847,  divide  the  said 
city  and  county  into  the  number  of  senate  districts  to  which  it  is  entitled, 
as  near  as  may  be  of  an  equal  number  of  inhabitants  excluding  ali.  ns  and 
persons  of  color  not  taxed,  and  consisting  of  convenient  and  contiguous 
territory,  and  no  assembly  district  shall  be  divided  in  the  formation  of 
a  senate  district.  The  board  of  supervisors,  when  they  shall  have  com- 
pleted such  division,  shall  cause  certificates  thereof,  stating  the  number  and 
boundaries  of  each  district  and  the  population  thereof,  to  be  fib  d  in  the  office 
of  the  secretary  of  state  and  of  the  clerk  of  the  said  city  and  county.  Dis- 
trict No.  7  shall  consist  <>f  the  counties  of  Westchester,  Putnam,  and  Rock- 
land.  District  No.  8  shall  consist  of  the  counties  of  Dutchess  and  Columbia. 
District  No.  9  shall  consist  of  the  counties  of  Orange  and  Sullivan.  District 
No.  10  shall  consist  of  the  counties  of  Ulster  and  Greene.  District  No.  11 
shall  consist  of  the  counties  of  Albany  and  Schenectady.  District  No.  12 
shall  consist  of  the  county  of  Rensselear.  District  No.  13  shall  consist  of 
the  counties  of  Washington  and  Saratoga.  District  No.  14  shall  consist  of 
the  counties  of  Warren,  Essex,  and  Clinton.  District  No.  15  shall  consist 
of  the  counties  of  St.  Lawrence  and  Fr.-mklin.  District  No.  16  shall  consist 
of  the  counties  of  Herkimer,  Hamilton,  Fulton,  arid  Montgomery.  District 
No.  17  shall  consist  of  the  counties  of  Srlioharie  and  Delaware.  District 
No.  18  shall  consist  of  the  counties  of  Otsego  and  Ch«  nango.  District  No. 
19  shall  consist  of  the  county  of  Oneida.  District  No.  20  shall  consist  of 


COUNTIES.  —  TOWNS.  225 

the  counties  of  Madison  and  Oswego.  District  No.  21  shall  consist  of  the 
counties  of  Jefferson  and  Lewis.  District  No.  22  shall  consist  of  the  county  of 
Onondaga.  District  No.  23  shall  consist  of  the  counties  of  Cortland,  Broome, 
and  Tioga.  District  No.  24  shall  consist  of  the  counties  of  Cayuga  and 
Wayne.  District  No.  25  shall  consist  of  the  counties  of  Tompkins,  Seneca, 
and  Yates.  District  No.  26  shall  consist  of  the  counties  of  Steuben  and 
Chemung.  District  No.  27  shall  consist  of  the  county  of  Monroe.  District 
No.  28  shall  consist  of  the  counties  of  Orleans,  Genesee,  and  Niagara.  Dis- 
trict No.  29  shall  consist  of  the  counties  of  Ontario  and  Livingston.  Dis- 
trict No.  30  shall  consist  of  the  counties  of  Allegany  and  Wyoming.  District 
No.  31  shnll  consist  of  the  county  of  Erie.  District  No.  32  shall  consist  of 
the  counties  of  Chautauque  and  Cattaraugus." 

This  proviso  takes  the  place  of  one  in  the  old  constitution,  which 
made  the  county  the  basis  of  the  senatorial  election.  It  is  no  im- 
provement— rather  the  reverse.  The  counties  are  the  large  trunk 
roots  of  the  state  tree  —  the  towns  their  rootlets.  Both  are  its 
supporters  and  feeders.  These  districts  are  the  schools  of  citizen- 
ship, the  nurseries  of  practical  business  men,  the  arenas  for  the 
exercise  of  talent,  the  receivers  of  patriotic  bounties,  the  managers 
of  the  true  political  home  interests,  the  fields  upon  which  grow 
the  substantial  blessings  of  liberty,  the  depositories  of  the  real 
rights  and  privileges  of  freemen.  Each  may  develop  a  charac- 
ter of  its  own  either  good  or  bad,  each  is  a  circle  full  of  attach- 
ments, hopes,  home-feelings,  and  recollections,  dear  even  to  the 
rudest.  From  such  a  circle  we  must  take  our  legislators,  if  we 
will  have  trustworthy,  self-made,  representative  men,  speaking  out 
the  legitimate  incorporate  voice  of  the  people.  There  the  legis- 
lator has  his  family,  his  companions,  his  popular  stand  and  stand- 
ard ;  there  are  his  restraints,  and  there  he  can  and  will  be  held 
responsible.  This  proviso  now  destroys,  in  a  great  measure,  these 
guaranties.  It  transplants  him  into  a  district  which,  being  a  mere 
abstraction,  cuts  him  loose  from  those  roots  and  rootlets  of  the 
state  tree,  throwing  him,  with  body  and  soul,  into  the  caldron  of 
party,  wherein  are  boiled  such  laws  as  the  metropolitan  police 
law,  and  court  factions,  which  create  elective  judiciaries  and  simi- 
lar abortions.  A  senator  from  such  a  paper  district  represents 
nothing  political  —  no  constitutional  interest.  This  explains  why 
the  senate  of  the  state  of  New  York  refused  to  repeal  the  metro- 
politan police  law,  although  desired  by  the  four  counties  in  ques- 
tion, with  over  one  million  of  souls,  and  voted  for  by  the  assembly. 

10* 


226  MUNICIPAL   GOVERNMENT. 

Such  a  senate  knows  nothing  of  counties  and  their  interests,  and 
boldly  ignores  petitions,  however  well-founded  in  right. 

Why  the  state  senate  shall  consist  of  only ,  thirty-two  members 
and  the  other  house  of  one  hundred  and  twenty-eight,  although 
both  have  the  same  business,  even  in  regard  to  the  state  finances, 
to  perform,  is,  as  I  observed  before,  not  intelligible,  because  the 
main  reason  of  this  dualism  is  to  check  inconsiderate  legislation. 

Again,  republics  must  be  plainly  organized.  It  must  be  the 
tender  solicitude  of  statesmen  to  make  intelligence,  patriotism,  and 
all  public  virtues  available  for  the  primitive,  indispensable,  social 
working  districts,  called  towns  and  counties,  in  order  to  perfect 
their  constitutional  efficacy. 

I  willingly  admit  that  the  districting  policy  of  the  constitution 
may  have  its  origin  in  the  numerical  inequality  of  the  counties, 
and  do  not  believe,  that  it  originated  exactly  in  party  politics,  or  a 
distinct  plan  to  emasculate  tfie  counties  and  towns,  or  to  neutralize 
their  public  influence ;  far  from  it.  Still  it  does  immense  harm. 
Our  legislatures  or  governments  rule  by  the  counties  and  towns ; 
they  are  their  strong  hands  and  arms.  To  slight  them  is  tanta- 
mount to  weakening  the  government.  The  reverse  takes  place  in 
monarchies.  There  the  policy  is  to  strip  the  counties  and  towns 
of  their  rights  and  independence,  and  render  them  subservient  to 
the  will  of  the  ruler.  If  the  legislatures  keep  the  counties  nu- 
merically in  order,  divide  them  as  often  as  necessary,  they  will 
serve  for  all  election  purposes  at  all  times  very  well. 

"4.  An  enumeration  of  the  inhabitants  of  the  state  shall  be  taken  under  the 
direction  of  the  legislature,  in  the  year  one  thousand  eight  hundred  and  fifty- 
five,  and  at  the  end  of  every  ten  years  thereafter;  and  the  said  districts  shall  be 
so  altered  by  the  legislature,  at  the  first  session  after  the  return  of  every  enume- 
ration, that  each  senate  district  shall  contain,  as  nearly  as-  may  be,  an  equal 
number  of  inhabitants,  excluding  aliens  and  persons  of  color  not  taxed  ;  and 
shall  remain  unaltered  until  the  return  of  another  enumeration,  and  shall  at 
all  times  consist  of  contiguous  territory,  and  no  county  shall  be  divided  in 
the  formation  of  a  senate  district,  except  such  county  shall  be  equitably  en- 
titled to  two  or  more  senators." 

This  section  is  the  cause  of  the  state  census.  It  is  based  upon 
the  inhabitants,  and  not  upon  the  families.  But  after  a  hundred 
thousand  countings  of  the  people  in  all  parts  of  the  world,  in  an- 
cient and  modern  times,  have  elicited  the  truth,  that  the  number 
of  families,  multiplied  by  five,  give  as  exact  a  result  as  the 


FAMILY   CENSUS.  •        227 

counting  of  all  the  inhabitants,  in  consideration  that  the  constant 
changes  caused  by  birth  and  mortality  influence  minutely  the  cen- 
sus. Why  not,  I  ask,  stick  to  this  truth  —  which  is  a  law  of  nature 
— and  repeat  that  troublesome  personal  enumeration  again  and 
again  ?  We  can  be  with  this  truth  quite  as  well  satisfied  as  with 
that  that  twice  two  make  four.  I  have  written  on  the  family  cen- 
sus in  other  places,  and  add  here,  that  it  not  only  simplifies  the 
business,  but  opens  also  the  way  to  the  family  suffrage. 

We  live  upon  a  very  much  exposed  hill ;  our  public  affairs  are 
mercilessly  scrutinized  abroad.  A  French  savant,  in  favor  of 
republican  institutions,  some  years  ago,  argued  thus :  "  If  those 
political  wiseacres  in  the  United  States  had  long  time  since  adop- 
ted the  family  suffrage,  already  recommended  by  Aristotle  as  the 
best,  we  probably  would  have  adopted  both,  never  indulged  in  the 
dangerous  experiment  of  the  general  suffrage  —  a  great  insult  to 
woman  —  excluded  thus  the  vote  of»the  mobs,  standing  army,  and 
unmarried  clergy  from  the  ballot-box,  and  arrived  at  other  results 
than  we  witness  now."  Why  have  the  most  intelligent  people  of 
antiquity,  the  Greeks,  not  followed  the  counsel  of  one  of  the  best 
philosophers  the  world  has  produced?  Because  they  were  a 
branch  of  the  Oriental  society,  transplanted  to  Europe,  and,  there- 
fore, polygamists.  The  fact  that  the  cunning  Napoleons  trusted 
their  luck  to  the  general  suffrage  speaks,  no  doubt,  volumes  in 
favor  of  the  family  suffrage.  Still  it  would  be  impossible  to  intro- 
duce it  into  France,  because  Paris  and  the  army  and  clergy  would 
be  against  it.  But  the  true  friends  of  social  progress  will  greet  it 
as  a  great  moral  and  political  victory,  that  Connecticut — just  of 
the  right  proportion  to  be  a  good  state,  as  she  really  is  —  has  made 
one  step ;  one  more,  and  all  the  glory  wiH  be  with  her. 

By-the-bye,  the  items  which  we  collect  at  the  census-taking 
are,  in  our  eternally-moving  society,  of  a  very  little  worth,  and 
may  be  as  well  left  with  the  industry  of  the  friends  of  statistics, 
editors,  and  publishers,  to  whose  business  line  they  belong.  A 
state  institution  with  us  is  not  made  to  enlighten  the  people,  as  I 
told  you  before. 

"5.  The  members  of  assembly  shall  be  apportioned  among  the  several 
counties  of  the  state,  BY  THE  LEGISLATURE,  as  nearly  as  may  be,  according 
to  the  number  of  their  respective  inhabitants,  excluding  aliens  and  persons 
of  color  not  taxed,  and  shall  be  chosen  by  single  districts." 


228  MUNICIPAL   GOVERNMENT. 

This  clause  and  the  following  may  lead  to  a  new  districting, 
which  can  not  happen  if  the  counties  are  organized  with  due  re- 
gard to  population. 

"  The  several  boards  of  supervisors  in  such  counties  of  this  state,  as  arc 
now  entitled  to  more  than  one  member  of  assembly,  shall  assemble  on  the 
first  Tuesday  of  January  next,  and  divide  their  respective  counties  into  as- 
sembly districts  equal  to  the  number  of  members  of  assembly  to  which  such 
counties  are  now  severally  entitled  by  law,  and  shall  cause  to  be  filed  in  the 
offices  of  the  secretary  of  state  and  the  clerks  of  their  respective  counties  a 
description  of  such  assembly  districts,  specifying  the  number  of  each  district 
and  the  population  thereof,  according  to  the  last  preceding  state  enumeration, 
as  near  as  can  be  ascertained.  Each  assembly  district  shall  contain,  as  nearly 
as  may  be,  an  equal  number  of  inhabitants,  excluding  aliens  and  persons  of 
color  not  taxed,  and  shall  consist  of  convenient  and  contiguous  territory; 
but  no  town  shall  be  divided  in  the  formation  of  assembly  districts. 

"  The  legislature,  at  its  first  session  after  the  return  of  every  enumeration, 
shall  re-apportion  the  members  of  assembly  among  the  several  counties  of 
this  state,  in  manner  aforesaid,  and  the  boards  of  supervisors  in  such  coun- 
ties as  may  be  entitled,  under  such  re-apportionment,  to  more  than  one  mem- 
ber, shall  assemble  at  such  time  as  the  legislature  making  such  re-apportion- 
ment shall  prescribe,  and  divide  such  counties  into  assembly  districts,  in  the 
manner  herein  directed;  and  the  apportionment  and  districts  so  to  be  made 
shall  remain  unaltered  until  another  enumeration  shall  be  taken  under  the 
provisions  of  the  preceding  section. 

"  Every  county  heretofore  established  and  separately  organized,  except  the 
county  of  Hamilton,  shall  always  be  entitled  to  one  member  of  the  assem- 
bly, and  no  new  county  shall  be  hereafter  erected,  unless  its  population  shall 
entitle  it  to  a  member. 

"  The  county  of  Hamilton  shall  elect  with  the  county  of  Fulton,  until  tho 
population  of  the  county  of  Hamilton  shall,  according  to  the  ratio,  be  en- 
titled to  a  member." 

I  am  not  called  upon  to  make  proposition  for  a  new  constitu- 
tion ;  but,  as  an  interested  looker-on,  I  take  the  liberty  to  suggest : 
To  elect  in  each  county  (large  cities  respectively  treated)  one 
senator  and  one  assembly-man,  which  will  make  it  possible  for  the 
people  to  select  able  men  from  the  right  place  and  for  the  right 
business. 

"  6.  The  members  of  the  legislature  shall  receive  for  their  service  a  sum  not 
exceeding  three  dollars  a  day,  from  the  commencement  of  the  session  ;  but 
such  pay  shall  not  exceed  in  the  aggregate  three  hundred  dollars  for  per  diem 
allowance,  except  in  the  proceedings  for  impeachment.  The  limitation  as 
to  the  aggregate  compensation  shall  not  take  effect  until  1848.  When  con- 
vened in  extra  session  by  the  governor,  they  shall  receive  three  dollars  per 
day.  They  shall  also  .receive  the  sum  of  one  dollar  for  every  ten  miles 


COMPENSATION.  — DISQUALIFICATIONS.  229 

they  shall  travel,  in  going  to  and  returning  from  their  places  of  meeting 
on  the  most  usual  route.  The  speaker  of  the  assembly  shall,  in  virtue  of 
his  office,  receive  an  additional  compensation  equal  to  the  one  third  of  his 
per  diem  allowance  as  a  member." 

This  proviso  has  some  excellent  features.  Its  principal  pur- 
pose is  to  make  legislation  respectable,  by  limiting  the  time  of  a 
session  virtually  to  one  hundred  days,  preventing  in  this  manner 
speculations  with  law-making.  Still,  this  bears  yet  more  improv- 
ing. Suppose  the  honor  to  be  a  legislator  of  the  most  enlight- 
ened part  of  society  —  an  American  free  state  deserves  this 
praise  without  flattering  —  should  be  considered  by  the  constitu- 
tion so  highly  valuable  that  no  pay  would  be  adequate,  and  there- 
for* none  allowed  by  the  constitution  ;  this  would  shorten  the 
session  still  more>  curtail  superfluous  buncomb  Kansas  speech-mak- 
ing and  resolving  on  heterogeneous  things,  and  oblige  the  legisla- 
tors to  husband  their  time.  All  special  (log-rolling)  laws  would 
become  very  scarce,  for  their  objects  can  be  in  most  instances 
reached  by  judiciously-organized  counties  and  towns.  It  is  the 
price  of  genuine  civilization  to  be  in  need  of  a  very  little  govern- 
ing. Paul  was  well  aware  of  this ;  hence  his  sound  doctrine. 

"7.  No  member  of  the  legislature  shall  receive  any  civil  appointment  within 
this  state,  or  to  the  senate  of  the  United  States,  from  the  governor,  the  gov- 
ernor and  senate,  or  from  the  legislature,  during  the  term  for  which  he  shall 
have  been  elected  ;  and  all  such  appointments,  and  all  votes  given  for  any 
such  member  for  any  such  office  or  appointment,  shall  be  void. 

"8.  No  person  being  a  member  of  Congress  or  holding  any  judicial  or 
military  office  under  the  United  States,  shall  hold  a  seat  in  the  legislature. 
And  if  any  person  shall,  after  his  election  as  a  member  of  the  legislature,  be 
elected  to  Congress  or  appointed  to  any  office,  civil  or  military,  under  the 
government  of  the  United  States,  his  acceptance  thereof  shall  vacate  his 
seat. 

"  9.  The  elections  of  senators  and  members  of  assembly,  pursuant  to 
the  provisions  of  this  constitution,  shall  be  held  on  the  Tuesday  succeeding 
the  first  Monday  of  November,  unless  otherwise  directed  by  the  legislature. 

"10.  A  majority  of  each  house  shall  constitute  a  quorum  to  do  business. 
Each  house  shall  determine  the  rules  of  its  own  proceedings,  and  be  the 
judge  of  the  elections,  returns,  and  qualifications  of  its  own  members,  shall 
choose  its  own  officers,  and  the  senate  shall  choose  a  temporary  president, 
when  the  lieutenant-governor  shall  not  attend  as  president,  or  shall  act  as 
governor. 

"11.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish  the 
same,  except  such  parts  as  may  require  secrecy.  The  doors  of  each  house 
shall  be  kept  open,  except  when  the  public  welfare  shall  require  secrecy. 


230  MUNICIPAL   GOVERNMENT. 

Neither  house  shall,  without  the  consent  of  the  other,  adjourn  for  more  than 
two  days. 

"  12.  For  any  speech  or  debate  in  either  house  of  the  legislature,  the 
members  shall  not  be  questioned  in  any  other  place. 

"  13.  Any  bill  may  originate  in  either  house  of  the  legislature,  and  all 
bills  passed  by  one  house  may  be  amended  by  'the  other. 

"  14.  The  enacting  clause  of  all  bills  shall  be,  '  The  People  of  the  state  of 
New  York,  represented  in  senate  and  assembly,  do  enact  as  follows ;'  and 
no  law  shall  be  enacted  except  by  bill. 

"  15.  No  bill  shall  be  passed  unless  by  the  assent  of  a  majority  of  all  the 
members  elected  to  each  branch  of  the  legislature,  and  the  question  upon 
the  final  passage  shall  be  taken  immediately  upon  its  last  reading,  and  the 
yeas  and  nays  entered  on  the  journal. 

"16.  No  private  or  local  bill  which  may  be  passed  by  the  legislature, 
shall  embrace  more  than  one  subject,  and  that  shall  be  expressed  jp  the 
title. 

"17.  The  legislature  may  confer  upon  the  boards  of  supervisors  of  the 
several  counties  of  the  state,  such  farther  powers,  local,  legislative,  and  ad- 
ministrative, as  they  shall  from  time  to  time  prescribe." 

This  is  plain.  The  seventeenth  clause  contains  all  the"  infor- 
mation in  the  constitution  about  the  local,  legislative,  and  admin- 
istrative powers  vested  in  the  county  officials.  The  names  of 
the  counties  are  also  given ;  but  why  there  are  counties,  where 
they  are  coming  from,  what  difference  there  is  between  towns 
and  counties,  whether  these  most  important  political  districts  are 
of  Dutch,  or  English,  or  American  origin,  and  entirely  depend- 
ing upon  the  pleasure  of  the  legislature  or  not,  what  rights  they 
possess,  the  constitution  does  not  show.  If  these  political  districts 
are  mere  accidental,  why  say  a  word  in  the  constitution  about 
the  canals  and  canal  officers,  banks,  etc,  who,  as  such,  have  not 
the  least  connection  with  the  state  institution  proper ;  or  do  we  re- 
quire canals  or  salt  springs  for  the  realization  of  justice  ?  Is  there 
a  word  in  the  federal  constitution  concerning  forts,  arsenals,  and 
docks,  although  Congress  have  built  several  ?  The  omission  of 
the  organic  dispositions  concerning  the  towns  and  counties  is,  no 
doubt,  a  cardinal  oversight ;  for  without  these  districts  the  state 
machinery  could  not  work  at  all ;  and  if  they  are  not  organized 
according  to  sound,  firm,  political  principles,  laid  down  in  the  con- 
stitution, it  will  work  but  badly,  while  without  a  line  on  canals, 
corporations,  education,  banks,  and  the  like,  this  institution  would 
answer  to  its  real  purpose  very  well.  These  districts  are  as  it 
were,  social  breakwaters  in  regard  to  the  powers  of  the  governing 


TEMPERANCE  LAWS.  231 

and  governed.  Without  them  the  government  would  not  take 
root  or  be  firmly  anchored,  but  drift  about  at  the  mercy  of  the 
populace,  who  on  the  other  hand,  without  them,  would  be  in 
eternal  confusion  and  commotion.  In  a  word,  anarchy  would  be 
the  rule,  and  tyranny  take  the  place  of  civil  liberty. 

Before  I  leave  this  subject,  I  ask  you  to  imagine  what  intoler- 
able confusion  there  would  be  in  a  house  without  division  walls 
and  rooms,  like  a  church,  occupied  by  a  large  number  of  families 
to  live  in.  The  same  confusion  would  happen  in  society  if  it 
were  not  divided  into  convenient  business  districts,  in  ancient 
times  known  as  clans,  tribes,  etc.  Even  in  absolute  monarchies 
you  will  therefore  find  social  divisions,  answering  to  our  town- 
ships and  counties.  Their  importance  is  my  excuse  if  I  am  too 
diffuse. 

If  you  are  attentive  to  the  current  legislation,  you  will  notice 
instances  of  laws  failing,  because  they  are  decl-ared  unconstitu- 
tional or  repugnant  to  society.  This  happens  invariably  if  by 
such  laws  the  public  business  is  dislocated.  As  an  example,  I 
avert  to  the  state  temperance  laws.  These  have  everywhere 
failed,  because  it  is  a  part  of  the  town  government  to  abate,  in 
conformity  with  the  town  (city,  village)  by-laws,  instances  of  ex- 
cessive drinking,  causing  a  public  nuisance.  It  is  a  logical  and 
political  necessity  to  leave  the  checking  of  this  evil  to  the  town 
governments,  because  it  is  only  very  relative  or  personal,  and 
in  its  nature  no  subject  for  a  general  state-law. 

This  subject  has  been  misunderstood  at  all  times,  otherwise  we 
would  not  find  in  Plutarch  the  following  sentence  :  "  Those  who 
carry  every  trifle  (mere  local  affairs)  to  the  highest  magistrate, 
are  the  most  dangerous  enemies  of  their  country." 

Very  true,  especially  in  republics.  My  partiality  for  this 
beautiful,  natural,  simple  form  of  government,  will  excuse  this 
long  epistle. 


232  MUNICIPAL   GOVERNMENT. 


LETTER    VI. 

Executive.  —  Governor's  Duties.  —  Legislative  Committees.  —  Lieutennnt- 
Governor.  —  Eligibility.  —  Commander-in-Chief.  —  Messages.  —  Salary.  — 
Navy.  —  Army.  —  Execution  of  Laws.  —  President  of  the  Senate.  —  Re- 
prieves. —  Pardon.  —  Impeachment.  —  Veto. 

THE  second  department  of  the  government  will  now  occupy  our 
attention. 

ARTICLE  IV. 

Executive. 

"  1.  The  executive  power  shall  be  vested  in  a  governor,  who  shall  hold  his 
office  for  two  years  ;  a  lieutenant-governor  shall  be  chosen  at  the  same  time, 
and  for  the  same  term. 

"  2.  No  person,  except  a  citizen  of  the  United  S'ates,  shall  be  eligible  to 
the  office  of  governor ;  nor  shall  any  person  be  eligible  to  that  office,  who  shall 
not  have  attained  the  age  of  thirty  years,  and  who  shall  not  have  been  five 
years  next  preceding  his  election,  a  resident  within  this  state. 

"  3.  The  governor  and  lieutenant-governor  shall  be  elected  at  the  times  and 
places  of  choosing  members  of  the  Assembly.  The  persons  respectively 
having  the  highest  number  of  votes  for  governor  and  lieutenant-governor, 
shall  be  elected  ;  but  in  case  two  or  more  shall  have  an  equal  and  the  highest 
number  of  votes  for  governor,  or  for  lieutenant-governor,  the  two  houses  of 
the  legislature  at  its  next  annual  session,  shall,  forthwith,  by  joint  ballot, 
choose  one  of  the  said  persons  so  having  an  equal  and  the  highest  number 
of  votes  for  governor,  or  lieutenant-governor. 

"4.  The  governor  sh;ill  be  commander-in-chief  of  the  military  and  naval 
forces  of  the  state.  He  shall  have  power  to  convene  the  legislature  (or  the 
senate  only)  on  extraordinary  occasions.  He  shall  communicate  by  message 
to  the  legislature  at  every  session,  the  condition  of  the  state,  and  recommend 
such  matters  to  them  as  he  shall  judge  expedient.  He  shall  transact  all 
necessary  business  with  the  officers  of  government,  civil  and  military.  He 
shall  expedite  all  such  measures  as  may  be  resolved  upon  by  the  legislature, 
and  shall  take  care  that  the  laws  are  faithfully  executed.  He  shall,  at  stated 
times,  receive  for  his  services  a  compensation  to  be  established  by  law,  which 
shall  neither  be  increased  nor  diminished  after  his  election  and  during  his 
continuance  in  office." 

The  first  three  sections  are  plain.  The  fourth  seems  to  be  en- 
tirely mistaken  by  the  governors  themselves,  and  those  who  com- 


GOVERNOR'S  DUTIES.  233 

plain  that  this  constitution  has  stripped  the  governor  of  power  to 
such  an  extent  as  to  discredit  the  office,  because  it  manifestly 
makes,  in  plain  words,  this  officer,  by  enjoining  upon  him  the 
duty  to  take  care  that  the" laws  are  faithfully  executed,  the  re- 
sponsible head  of  the  whole  state  administration.  Accordingly,  the 
governor  has  the  supreme  control  of  all  public  offices,  officers,  ar.d 
affairs,  in  the  several  political  districts.  This  is  all  the  constitu- 
tion can  do.  The  duty  of  the  official,  clad  with  such  high  power, 
is  now  to  use  it  energetically.  This  requires,  of  course,  courage, 
a  thorough  knowledge  of  the  purpose  of  a  state  institution,  of  the 
proper  nature  of  the  political  business,  to  what  district  it  belongs, 
and  of  the  laws  in  general.  It  follows  that  he  has  to  transact 
personally,  or  by  writing,  all  affairs  with  the  officials,  who  become 
practical  subjects  of  this  control.  By  pointing  out  this  expressly, 
the  constitution  evidently  explains  the  magnitude  of  the  trust. 

This  control  is  made  with  us  exceedingly  easy  by  the  prevalent 
general  publicity.  The  press  keeps  a  constant  record  of  all 
events.  Suppose  the  governor  has  access  to  a  reading-room  con- 
taining, at  least,  one  paper  from  each  county,  he  will  be  posted 
of  every  fact  of  importance,  enabling  him  to  transact  the  neces- 
sary controlling  business.  Any  deviation  from  official  duty,  espe- 
cially if  it  should  originate  with  the  executives  of  counties  and 
towns  (cities,  villages),  he  is  obliged  to  examine  and  resent,  in 
accordance  with  the  laws.  We  often  notice  that  state  legislatures 
appoint  committees  to  examine  into  the  local  affairs  of  towns  and 
counties,  as  poor-houses,  prisons,  lodging-houses,  catholic  ladies* 
seminaries,  police  (metropolitan  or  not),  etc.  Supposing  that 
these  affairs  are  requiring  a  special  examination,  is  this  not,  in 
extraordinary  instances,  a  duty  incumbent  upon  the  governor, 
for  which  he  is  paid,  and,  indeed,  an  encroachment  upon  his  exe- 
cutive power,  when  done  by  legislatures?  Legislatures,  if  they 
would  not  degrade  purposely  the  governors  to  mere*  showmen, 
should  carefully  avoid  such  steps ;  and  no  governor,  conscious  of 
his  constitutional  duty,  to  see  that  the  laws  are  faithfully  executed, 
should  consent  to  such  erratic  legislative  measures.  They  un- 
necessarily increase  the  expenses  of  governing  and  betray  a  bad 
spirit  to  unsettle  the  constitution.  It  is  the  duty  of  the  legislature 
to  impeach  the  governor,  if  neglecting  his  control  duty,  but  not  to 
step  in  and  to  do  it  itself  for  extra  pay.  There  is  an  English 


234  MUNICIPAL   GOVERNMENT. 

circumlocution  precedent  at  the  bottom  of  this  objectionable  com- 
mittee system. 

I  do  not  claim  arbitrary  Napoleonic  powers  for  our  governors. 
No,  they  should  only  be  for  the  state  institution  what  a  sea- 
captain  is*for  his  ship,  a  husbandman  for  his  farm,  a  manufacturer 
for  his  establishment.  In  one  word,  they  should  take  good  care 
that  in  all  parts  of  the  state  the  laws  are  faithfully  executed, 
wherefore  they  are  expressly  enjoined  to  transact  all  necessary 
business  with  the  officers  of  the  government,  and  to  expedite  all 
measures  that  may  be  resolved  upon  by  the  legislature,  and  even 
convoke  the  legislature  expressly  for  this  purpose.  Upon  this  he 
is  sworn  in ;  he  is,  therefore,  responsible  for  the  good  administra- 
tion of  the  laws  or  working  of  the  state  institution.  Therefore,  he 
is  also  commander-in-chief  of  the  military  and  naval  forces  of  the 
state,  although  there  are  some  who  have  doubts  about  the  correct- 
ness of  this  proviso,  because,  according  to  the  federal  constitution, 
the  president  shall  be  the  sole  commandrr-in-chief  of  the  army 
and  navy  of  the  United  States,  and  of  the  militia  of  the  several 
states,  when  called  into  the  actual  service.  There  is,  indeed,  no 
case  imaginable  for  a  state  governor  to  exercise  such  a  function, 
unless  the  United  States  are  at  war.  Moreover,  there  is  no  such 
thing  as  a  navy  of  the  state  of  New  York,  or  any  other  state. 
The  Congress  is  bound  to  protect  the  several  states  against  inva- 
sion and  internal  commotions ;  the  federal  constitution  expressly 
forbids  the  states  to  keep  troops,  that  is,  a  standing  army,  or  ships- 
of-war,  in  time  of  peace.  With  all  these  wise  provisoes  of  the 
federal  constitution,  this  clause  of  the  state  constitution  seems  to 
clash.  Does  not  this  smack  of  empire  ?  and  why  not  ?  this  state 
district  comprises  at  present  as  many  inhabitants  as  the  thirteen 
colonies  when  they  declared  themselves  independent !  There  is 
something,  not  exactly  curious,  but  ominous,  in  such  provisoes. 
There  is  a  tendency  to  puff  our  state  governments  up  into  the 
regions  of  empires  and  majesties,  while  we  forget  to  make  their 
organizations  complete  and  perfect  downward  in  regard  to  the 
political  detail  business  of  home  and  peaceable  daily  life.  Our 
states  have  no  military  forces  at  all.  State  citizens,  although 
drilled,  are  not  troops,  soldiers,  or  military  forces,  in  the  proper 
sense  of  the  word,  unless  mustered  into  service  by  the  Congress. 
Before  that  time  they  are  mere  gentleman  train-bands. 


MESSAGES.  235 

The  fact  is,  that  this  gubernatorial  control  is  at  present  entirely 
neglected ;  for  I  have  never  seen  it  working,  while  every  atten- 
tive reader  of  a  daily  paper  may  notice  frequent  instances  of  the 
non-execution  of  the  laws,  under  the  very  eyes  of  the  governor. 
I  admit  that  the  overlarge  size  of  the  state  of  New  York  has 
much  to  answer  for  this  defective  executive  surveillance ;  still  it 
seems  as  if  every  man,  every  newspaper,  had  more  influence  upon 
the  execution  of  the  laws  than  the  governor.  Lawyers  and 
judges,  and  other  officials,  do  as  they  please,  and  if  a  criminal 
escapes,  private  persons  send  their  ships  after  him,  while  the 
governor  sits  quietly  upon  his  throne  in  his  mansion,  looking  at 
this  spectacle,  pocketing  his  salary,  without  doing  anything. 

A  distinguished  New  York  editor  lately  honored  the  European 
governments  with  the  cognomen  of  huge  impostures.  Still,  if  the 
governor  of  California  keeps  his  counsel  when  the  state  treasurer 
is  a  defaulter,  or  the  common  councils  of  different  cities  are 
nothing  but  swindling  concerns,  and  the  magistrates  bargain  with 
the  criminals  about  their  punishment,  until  the  outraged  citizens 
take  the  law  into  their  own  hands,  and  then  come  forward  and  make 
a  great  show  of  executive  power  by  declaring  these  citizens  to  be 
in  a  state  of  rebellion,  what  appellation  deserves  such  a  govern- 
ment? In  the  constitution  of  California,  art.  v.,  sect.  7,  it  is 
expressly  ordained  :  he,  the  governor,  shall  see  that  the  laws  are 
faithfully  executed  !  It  is,  therefore,  not  the  fault  of  the  consti- 
tution when  the  governor  does  not  check  the  defective  execution 
of  the  laws,  but  of  the  universally  prevalent  apathy  and  careless- 
ness in  the  management  of  this  office.  No  constitutional  prince 
can  ask  for  more  power  than  that  of  a  general  control  and  veto. 

The  regular  session  messages  of  the  governors,  together  with 
the  reports  of  the  chief  administrative  officers  of  the  state,  spread- 
ing information  and  light  over  the  finances  and  operations  of  the 
administration,  are  important  documents.  They  form  an  indis- 
pensable basis  for  legislative  action,  to  bring  a  system  into  it  and 
adapt  it  to  the  actual  wants,  as  it  can  not  be  expected  from  the 
members  of  the  legislature,  especially  of  a  large  state,  involved 
in  extensive  public  works  and  enterprises,  that  they  may  acquire 
this  information  at  home.  If  the  executive  suggestions,  in  refer- 
ence to  the  measures  to  be  acted  upon,  would  be  always,  without 
the  least  delay,  and  in  preference  of  all  others,  promptly  attended 


236  MUNICIPAL   GOVERNMENT. 

to,  the  public  would  only  gain  by  it.  These  suggestions  could 
be  easily  made  very  available  for  the  administration  of  justice  if 
they  would  be  blended  with  opinions  of  experienced  judges  and 
other  business  men.  Being  more  ruled  by  the  word  than  by  law 
and  its  execution,  the  contents  of  such  messages  exercise  a 
wholesome  influence  upon  the  people,  even  when  they  should  be 
neglected  by  the  legislatures,  as  it  often  happens. 

"  5.  The  governor  shall  have  the  power  to  grant  reprieves,  commutations, 
and  pardons,  after  conviction,  for  all  offences  except  treason  and  cases  of 
impeachment,  upon  such  conditions,  and  with  such  restrictions  and  limita- 
tions as  he  may  think  proper,  subject  to  such  regulation  as  may  be  provided 
by  law,  relative  to  the  manner  of  applying  for  pardons.  Upon  conviction 
for  treason,  he  shall  have  power  to  suspend  the  execution  of  the  sentence, 
until  the  case  shall  be  reported  to  the  legislature  at  its  next  meeting,  when 
the  legislature  shall  either  pardon  or  commute  the  sentence,  direct  the  exe- 
cution of  the  sentence,  or  grant  a  farther  reprieve.  He  shall  annually  com- 
municate to  the  legislature  each  case  of  reprieve,  commutation,  or  pardon 
granted ;  stating  the  name  of  the  convict,  the  crime  of  which  he  was  con- 
victed, the  sentence  and  its  date,  and  the  date  of  the  commutation,  pardon, 
or  reprieve." 

I  have  spoken  of  the  pardoning  and  the  like  powers  in  the  first 
part ;  according  to  all  experience  our  governors  are  more  prone 
to  pardon  than  is  desirable.  It  seems  as  if  they  are  afraid  of 
justice,  and,  therefore,  always  at  hand  if  they  can  hinder  the  exe- 
cution of  the  laws.  These  should  be,  of  course,  humane,  but 
strictly  executed,  if  mobs  are  not  to  rule  soon  supremely  among  us. 

"  6.  In  case  of  the  impeachment  of  the  governor,  or  his  removal  from  office, 
death,  inability  to  discharge  the  powers  and  duties  of  the  said  office,  resigna- 
tion, or  absence  from  the  state,  the  powers  and  duties  of  the  office  shall  de- 
volve upon  the  lieutenant-governor  for  the  residue  of  the  term,  or  until  the 
disability  shall  cea*e.  But  when  the  governor  shall,  with  the  consent  of  the 
legislature,  be  out  of  the  state  in  time  of  war,  at  the  head  of  a  military  force 
thereof,  he  shall  continue  commander-in-chief  of  all  the  military  force  of  the 
state." 

If  the  governor  should  be  out  of  the  state  in  time  of  war,  he 
must  be  so,  I  suppose,  under  the  orders  of  the  president  of  the 
United  States.  This  clause  may  lead  to  misunderstandings  with 
the  federal  executive,  and  should  be  rather  expunged. 

"  7.  The  lieutenant-governor  shall  possess  the  same  qualifications  of  eligi- 
bility for  office  as  the  governor.  He  shall  be  president  of  the  senate,  but 
shall  have  only  a  casting  vote  therein.  If,  during  a  vacancy  of  the  office  of 
governor,  the  lieutenant-governor  shall  be  impeached,  displaced,  resign,  die, 


VETO   POWER.  237 

or  become  incapable  of  performing  the  duties  of  his  office,  or  be  absent  from 
the  state,  the  president  of  the  senate  shall  act  as  governor,  until  the  vacancy 
be  filled,  or  the  disability  shall  cease. 

"  8.  The  lieutenant-governor  shall,  while  acting  as  such,  receive  a  compen- 
sation which  shall  be  fixed  by  law,  and  which  shall  not  be  increased  or  di- 
minished during  his  continuance  in  office. 

"  9  Every  bill  which  shall  have  passed  the  senate  and  assembly,  shall,  be- 
fore it  becomes  a  law,  be  presented  to  the  governor  :  if  he  approve,  he  shall 
sign  it ;  but  if  not,  he  shall  return  it,  with  his  objections,  to  that  house  in 
which  it  shall  have  originated,  who  shall  enter  the  objections  at  large  on  their 
journal,  and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  two 
thirds  of  the  members  present  shall  agree  to  pass  the  bill,  it  shall  be  sent,  to- 
gether with  the  objections,  to  the  other  house,  by  which  it  shall  likewise  be 
reconsidered  ;  and  if  approved  by  two  thirds  of  all  the  members  present,  it 
shall  become  a  law,  notwithstanding  the  objections  of  the  governor.  But  in 
all  such  cases,  the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  members  voting  for  and  against  the  bill  shall  be  en- 
tered on  the  journal  of  each  house  respectively.  If  any  bill  shall  not  be  re- 
turned by  the  governor  within  ten  days  (Sundays  excepted),  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law,  in  like  manner  as  if  he 
had  signed  it,  unless  the  legislature  shall,  by  their  adjournment,  prevent  its 
return,  in  which  case  it  shall  not  be  a  law/' 

These  three  sections  are  plain.  They  are  partly  copied  from 
the  federal  constitution.  The  approval  of  bills  must  take  place 
during  the  time  of  the  session.  The  peremptory  term  of  ten  days 
in  the  ninth  clause  is  good.  Such  peremptory  terms  should  be 
adopted  by  the  Code  of  Civil  Procedure,  in  all  stages  of  a  pro- 
cess, to  avoid  delays  and  the  starting  of  new  points,  too  often  from 
mere  motives  of  intrigue  and  chicanery.  The  veto  of  a  law  should 
have  the  effect  to  transfer  the  bill  to  the  next  following  legislature ; 
if  this  should  approve  it  by  a  two-third  vote,  it  may  become  a 
law,  for  a  vetoed  bill,  presumptively,  is  not  required  by  the 
urgency  of  circumstances  and  time,  but  merely  by  a  party  and  for 
party  purposes. 

The  veto  power  is  an  important  part  of  the  supreme  control  of 
the  state  institution.  The  state  governors,  after  having  taken  the 
oath  on  the  constitutions  of  the  Union  and  State,  are  bound  to 
prevent  unconstitutional,  party,  and  mere  partisan  legislation. 
What  is  unconstitutional  legislation,  each  governor  must  make 
clear  to  himself  before  he  is  sworn  in,  because,  by  approving  an 
unconstitutional  law,  he  commits  legal  perjury.  A  .man  who  is 
not  able  to  judge  about  constitutionality  as  certain  as  the  court  of 


238  MUNICIPAL  GOVERNMENT. 

appeals,  should  not  be  governor.  The  constitution  gives  him  full 
power  to  promote  the  good  of  the  commonwealth,  but  he  must,  of 
course,  understand  its  laws.  It  must  be  a  cardinal  duty  of  the 
governor  never  to  approve  any  bill,  or  even  resolution,  which  in- 
terferes in  the  least  with  the  constitutional  national  business  of 
Congress.  All  our  states,  Connecticut  included,  have  been  in  this 
regard  great  sinners,  mostly  owing  to  the  incapacity  of  their  gov- 
ernors. The  powers  bestowed  in  this  article  upon  the  executive 
require  special  laws  to  make  them  operative,  to  instill  more  ac- 
tivity into  this  officer,  and  terminate  the  present  know-nothing  and 
do-nothing  practice,  but  the  constitution  is  here  well  enough,  the 
practice  in  the  gubernatorial  office,  however,  deplorable.  Most  of 
the  public  corruption  may  be  traced  to  the  apathy,  incapacity,  and 
faithlessness  of  our  state  governors.  Again,  in  this  constitution 
nothing  is  wanting  to  make  the  governor  of  the  state  of  New 
York  an  effective  officer.  And  if  I  claim  entire  independence  for 
the  subdivisions  of  the  state  in  regard  to  their  own  constitutional 
business  sphere,  I  am  far  from  asking  for  them  an  exemption 
from  the  supreme  executive  and  state  control,  plainly  defined  in 
this  article. 


LETTER    VII. 

Administrative.  —  Secretary  of  State.  —  Comptroller.  —  Treasurer.  —  At- 
torney-General.—  Election.  —  Salary.  — English  Circumlocution. — Proper 
Administrators.  —  American  System.  —  Representative  and  Non-Repre- 
sentative Officers. —  State  Engineer. —  Surveyor. —  Canal  Commissioners. 
—  State-Prison  Inspectors. —  Land  Office. —  Canal  Fund. —  Local  In- 
spectors. 

You  are  now  to  become  acquainted  with  the  administrative  af- 
fairs of  the  state. 

ARTICLE    V. 

Administrative. 

"•1.  The  secretary  of  state,  comptroller,  treasurer,  and  attorney-general, 
shall  be  chosen  at  a  general  election,  and  hold  their  offices  for  two  years. 
Each  of  the  officers  in  this  article  named  (except  the  speaker  of  the  assem- 
bly), shall  at  stated  times,  during  his  continuance  in  office,  receive  for  his 


ADMINISTRATIVE.  289 

services  a  compensation,  which  shall  not  be  increased  or  diminished  during 
the  term  for  which  he  shall  have  been  elected  ;  nor  shall  he  receive,  to  his 
use,  any  fees  or  perquisites  of  office,  or  other  compensation." 

The  first  three  named  officials  are  subordinate  to  the  governor, 
the  fourth  belongs  to  the  state  judiciary.  But  there  may  be  differ- 
ent meanings  of  the  word  administration  ;  to  avoid  misunderstand- 
ings, I  give  you  my  idea  about  it.  The  real  administrators  of 
our  municipal  affairs  are  only  the  chief  of  the  state,  called  gov- 
ernor ;  the  chief  of  the  county,  called,  in  my  letters,  overseer,  arid 
the  chief  of  the  town,  called  mayor,  as  you  will  remember  from 
the  first  part. 

The  clerical  officials  and  boards,  mentioned  in  this  article,  are 
all  subordinate  to  the  several  governors  or  administrators,  accord- 
ing to  the  nature  and  order  of  the  business.  I  well  know  that 
the  practice  differs  from  what  I  say,  that  there  is  no  head  in  the 
county  and  town  administration,  that  the  city  mayors  have  no  real 
central  governing  power,  but  this  is  not  right.  Farmers  will 
think  a  mayor  in  their  towns  a  strange  novelty,  because  there  is 
no  such  officer  in  old  England ;  but  a  sober  second  thought  will 
convince  them,  that  the  government  of  three  selectmen  in  a  town, 
or  of  a  dozen  supervisors  in  a  county,  without  a  responsible  head, 
is  one  of  the  causes  that  villages  and  cities  grow  up,  requiring 
charters,  and  leading  to  uncontrollable  and,  therefore,  corrupt  ad- 
ministrations. In  all  well-organized  communities  there  ought  to 
be  a  responsible,  leading,  and  directing  executive,  similar  to  the 
president  in  the  Union.  It  is  so  in  the  best  European  states, 
whose  administration  is  praised  by  our  travellers.  History  tells 
sad  stories  of  states  ruled  by  several  consuls  or  kings.  I  would 
not  take  the  English  municipal  administration  as  a  pattern.  There 
you  find  little  else  than  '"  circumlocution." 

These  three  administrators  should  be  the  head-managers  of  the 
public  affairs  in  their  several  districts,  and  should,  therefore,  have 
nothing  to  do  with  mere  detail  office-business.  They  might 
serve  without  a  salary;  they  have  to  take  care  that  the  laws  and 
ordinances  are  well  executed,  the  business  kept  in  perfect  order 
by  the  clerks,  treasurers,  &c.,  justice  well  administered,  the 
respective  property  and  interests  of  their  districts  faithfully  re- 
presented, managed,  and  attended  to ;  in  one  word,  to  do  all  in 
their  power  to  keep  the  political  organization  in  those  districts  in 


240  MUNICIPAL   GOVERNMENT. 

a  healthful  operation.  From  such  a  view  has  been  the  national 
public  business  placed  under  o?ie  responsible  head,  the  president. 
I  wish  to  be  understood,  that  all  I  have  said  on  the  better  organ- 
ization of  the  municipal  business,  is  but  abstracted  from  that  sys- 
tem which  has  been  initiated  by  the  federal  constitution.  If  the 
constitution  of  the  state  of  New  York  is  to  be  amended,  this  ar- 
ticle, and  one  on  the  local  officers,  will,  probably,  receive  a  differ- 
ent shape,  provided  the  framers  of  a  new  constitution  will  carry 
out  the  "American  public  business  system,"  all  that  I  and,  I  am 
sure,  the  public  desire.  The  subject  is  full  of  interest  for  all 
thinking  citizens.  And,  happily,  we  have  plenty  of  such. 

Some  may  object  that  I  carry  my  veneration  for  the  federal 
constitution  too  far,  and  that,  while  a  secretary  of  state  may  be 
safely  trusted  to  an  election,  this  officer  of  the  federal  government 
should  rather  be  appointed.  I  admit  that  these  gentlemen  have 
different  business  spheres,  still  that  is  not  the  reason  why  the  one 
should  be  appointed  and  the  other  elected ;  they  resemble  each 
other  for  being  mere  clerical  functionaries  and  not  representatives, 
and,  therefore,  to  be  carefully  selected  for  the  function.  Whether 
the  framers  of  the  federal  constitution  acted  upon  these  special 
grounds,  or  simply  imitated  other  governments,  has  no  influence 
upon  the  merits  of  their  policy. 

This  policy  is  a  settled  fact.  People  have  submitted  to  it  for 
almost  a  century,  because  it  is  similar  to  the  business  order  in 
their  households,  factories,  mercantile  establishments,  and  other 
well-organized  business  concerns,  and,  therefore,  plain  to  their  un- 
derstanding, while  the  universal  elective  policy,  adopted  by  this 
constitution,  is  a  republican  extravagancy. 

The  political  offices  may  be  divided  into  two  classes,  viz.,  re- 
presentative and  clerical.  To  the  first  class  belong  the  just-men- 
tioned head-officers,  and  the  aldermen  or  selectmen,  supervisors, 
and  members  of  legislature.  These  should  be  always  elected. 
To  the  second  class  belong  all  clerks,  treasurers,  inspectors,  col- 
lectors, surveyors,  police,  &c.,  who  should  all  be  appointed.  I 
have  pointed  this  out  before,  as  the  policy  of  the  federal  constitu- 
tion. 

After  we  h£ve  elected  our  ruling  officers,  we  must  allow  them 
to  appoint  the  officers,  clerks,  or  assistants,  needed  for  the  business. 
We  may  have  reason  sometimes  for  grumbling  that  they  did  not 


STATE   ENGINEER.  241 

appoint  this  or  that  party-man ;  still  we  must,  for  the  time  being, 
submit  to  that  rather  than  spoil  the  whole  fabric,  by  reversing  the 
natural  order.  And  if  each  public  district  acts  in  this  respect, 
independently,  under  the  constitution,  there  never  will  be  more 
patronage  in  one  hand,  than  is  unavoidably  necessary. 

"  2.  The  state  engineer  and  surveyor  shall  be  chosen  at  a  general  election, 
and  shall  hold  his  office  two  years,  but  no  person  shall  be  elected  to  said  of- 
fice who  is  not  a  practical  engineer." 

"3.  Three  canal  commissioners  shall  be  chosen  at  the  general  election, 
which  shall  be  held  next  after  the  adoption  of  this  constitution,  one  of  whom 
shall  hold  his  office  for  one  year,  one  for  two  years,  and  one  for  three  years. 
[The  commissioners  of  the  canal  fund  shall  meet  at  the  capitol  on  the  first 
Monday  of  January,  next  after  such  election,  and  determine  by  lot  which  of 
said  canal  commissioners  shall  hold  his  office  for  one  year,  which  for  two, 
and  which  for  three  vears ;]  and  there  shall  be  elected  annually  thereafter, 
one  canal  commissioner,  who  shall  hold  his  office  for  three  years." 

All  these  officers  should  be  appointed.  Canals,  windmills,  and 
similar  works,  when  drawn  into  the  sphere  of  political  business, 
should  be  managed  by  special  acts,  and  not  by  the  people  directly, 
otherwise  they  will  become  political  party  concerns  of  the  worst 
kind. 

"  4.  Three  inspectors  of  state-prison  shall  be  elected  at  the  general  elec- 
tion, which  shall  be  hold  next  after  the  adoption  of  this  constitution,  one  of 
whom  shall  hold  his  office  for  one  year,  one  for  two  years,  and  one  for  three 
years.  [The  governor,  secretary  of  state,  and  comptroller  shall  meet  at  the 
camtol  on  the  first  Monday  of  January,  next  suceeding  such  election,  and 
determine  by  lot  which  of  said  inspectors  shall  hold  his  office  for  one  year, 
which  for  two,  and  which  for  three  years;]  and  there  shall  be  elected  annu- 
ally thereafter  one  inspector  of  state-prison,  who  shall  hold  his  office  for  three 
years  ;  said  inspectors  shall  have  the  charge  and  superintendence  of  the  state- 
prisons,  and  shall  appoint  all  the  officers  therein.  All  vacancies  in  the  of- 
fice of  such  inspectors  shall  be  filled  by  the  governor,  till  the  next  election." 

Those  officers  also  should  be  appointed. 

"  5.  The  lieutenant-governor,  speaker  of  the  assembly,  secretary  of  state, 
comptroller,  treasurer,  attorney-general,  and  state  engineer  and  surveyor, 
shall  be  the  commissioners  of  the  land  office. 

"  The  lieutenant-governor,  speaker  of  the  assembly,  secretary  of  state, 
comptroller,  treasurer,  and  attorney-general,  shall  be  the  commissioners  of  the 
canal  fund. 

"  The  canal  board  shall  consist  of  the  commissioners  of  the  canal  fund, 
the  state  engineer  an«l  surveyor,  and  the  canal  commissioners." 

"6.  The  powers  and  duties  of  the  respective  boards,  and  of  the  several  of- 

11 


242  MUNICIPAL   GOVERNMENT. 

ficers  in  this  article  mentioned,  shall  he  such  as  now  are  or  hereafter  may  bo 
prescribed  by  law." 

The  provisoes  from  one  to  six,  contain  matter  for  special  laws. 

"  7.  The  treasurer  may  be  suspended  from  office  by  the  governor,  during 
the  recess  of  the  legislature,  and  until  thirty  days  after  the  commencement 
of  the  next  session  of  the  legislature,  whenever  it  shall  appear  to  him  that 
such  treasurer  has,  in  any  particular,  violated  his  duty.  The  governor  shall 
appoint  a  competent  person  to  discharge  the  duties  of  the  office  during  such 
suspension  of  the  treasurer/' 

The  suspending  and  removing  power  should  be  alike  in  regard 
to  all  officers. 

"  8.  All  officers  for  the  weighing,  guaging,  measuring,  culling,  or  inspecting 
any  merchandise,  produce,  manufacture  or  commodity  whatever,  are  hereby 
abolished,  and  no  such  office  shall  hereafter  be  created  by  law  ;  but  nothing 
in  this  section  contained  shall  abrogate  any  office  created  for  the  purpose  of 
protecting  the  public  health  or  the  interests  of  the  state,  in  its  property,  rev- 
enue, tolls  or  purchases,  or  of  supplying  the  people  with  correct  standards 
of  weights  and  measures,  or  shall  prevent  the  creation  of  any  office  for  such 
purposes  hereafter." 

The  offices  abolished  by  this  clause  are  all  town  (city,  village) 
offices,  and  should,  therefore,  depend  upon  town  by-laws.  In  a 
good  judicial  system  they  are  superfluous,  because  there  all 
fraudulent  dealing,  which  it  is  the  aim  to  prevent  by  such  officials, 
\vill  be  effectually  checked  by  the  judiciary.  Honest  men  are  not 
in  need  of  them.  George  Washington's  brand  was  considered  at 
home  and  abroad  sufficient  guaranty  in  regard  to  quality  and 
quantity.  But  if  in  a  certain  town  the  corruption  of  the  people 
and  remissness  of  the  judiciary  should  be  alarming  (which  can 
only  happen  in  over-large,  uncontrollable  towns  or  cities),  the  bet- 
ter class  of  business  men  may  insist  upon  the  appointment  of  such 
officials  by  the  magistrate,  to  keep  up  the  appearance  of  honesty. 
Congress  have  appointed  steam-boiler  and  drug  inspectors.  They 
seem  to  be  also  superfluous,  provided  the  judiciary  be  competent 
to  resent  culpable  carelessness  of  captains,  engineers,  importers, 
dealers  in  drugs,  &c.  It  would  be  as  wrong  to  appoint  such  local- 
trade  inspectors  by  the  state  government,  as  it  would  be  absurd  to 
appoint  judges  of  the  court  of  appeals  or  state-prison  inspectors 
by  town  governments.  The  correct  distribution  of  the  functional 
affairs  of  society  is  a  main  duty  of  our  law-makers.  They  must 
follow  their  own  logic  and  judgment  and  not  English  precedents. 


JUDICIARY.  243 

Those  have,  up  to  this  time,  hindered  the  full  development  of  our 
simple  political  business-system.  We  must  try  to  walk  alone, 
as  the  federal  constitution  has  made  us  stand  up  firmly. 


LETTER     V  Ill- 
Judiciary. —  Impenching. —  Court   of  Appeals.  —  Supreme   Court. — Judi- 
cial Districts.  —  Salary.* — Election.  —  Testimony.  —  Removing.  —  Vacan- 
cies.—  Modes  of  appointing  Judges. 

YOUR  attention  will  now  be  devoted  to  the  judiciary,  the  most 
important  part  of  the  state  institution. 

ARTICLE    VI. 

The  Judiciary. 

"1.  The  assembly  shall  have  the  power  of  impeachment,  by  the  vote  of 
a  majority  of  all  the  members  elected.  The  court  for  the  trial  of  impeach- 
ments shall  be  composed  of  the  president  of  the  senate,  the  senators,  or  a 
major  part  of  them,  and  the  judges  of  the  court  of  appeals,  or  the  major  part 
of  them.  On  the  trial  of  an  impeachment  against  the  governor,  the  lieuten- 
ant-governor shall  not  act  as  a  member  of  the  court.  No  judicial  officer  shall 
exercise  his  office  after  he  shall  have  been  impeached,  until  he  shall  have  been 
acquitted.  Before  the  trial  of  an  impeachment,  the  members  of  the  court 
shall  take  an  oath  or  affirmation,  truly  and  impartially  to  try  the  impeachment, 
according  to  evidence;  and  no  person  shall  be  convicted,  without  the  concur- 
rence of  two  thirds  of  the  members  present.  Judgment  in  cases  of  impeach- 
ment shall  not  extend  farther  than  to  removal  from  office,  or  removal  from 
office  and  disqualification  to  hold  and  enjoy  any  office  of  honor,  trust,  or  profit 
under  this  state;  but  the  party  impeached  shall  be  liable  to  indictment  and 
punishment  according  to  law." 

This  is  plain. 

"  2.  There  shall  be  a  court  of  appeals,  composed  of  eight  judges,  of  whom 
four  shall  be  elected  by  the  electors  of  the  state,  for  eight  years,  and  four  se- 
lected from  the  class  of  justices  of  the  supreme  court  having  the  shortest  time 
to  serve.  Provision  shall  be  made  by  law,  for  designating  one  of  the  num- 
ber elected,  as  chief  judge,  and  for  selecting  such  justices  of  the  supreme 
court,  from  time  to  time,  and  for  so  classifying  those  elected,  that  one  shall 
be  elected  every  second  year. 

"3.  There  shall  be  a  supi-eme  court  having  general  jurisdiction  in  law  and 
equity." 

The  judiciary  is,  as  I  have  observed  often,  the  very  offspring 


244  MUNICIPAL   GOVERNMENT. 

and  grand  purpose  of  the  state  organization.  We  may  have 
plenty  of  salt  springs,  roads,  canals,  telegraphs,  railroads,  trades, 
churches,  fireworks,  illuminations,  etc.,  without  a  state  institution, 
but  no  judiciary.  It  is  against  the  nature  of  the  state  to  make  its 
child,  the  judiciary,  elective.  It  is  a  political  monstrosity,  espe- 
cially in  a  republic,  which  depends  entirely  upon  the  laws  and 
their  execution. 

"4.  The  state  shall  be  divided  into  eight  judicial  districts,  of  which  the 
city  of  New  York  shall  be  one ;  the  others  to  be  bounded  by  county  lines, 
and  to  be  compact  and  equal  in  population  as  nearly  as  may  be.  There  shall 
be  four  justices  of  the  supreme  court  in  each  district,  and  as  many  more  in 
the  district  composed  of  the  city  of  New  York  as  may  from  time  to  time  be 
authorized  by  law,  but  not  to  exceed  in  the  whole  such  number  in  proportion 
to  its  population  as  shall  be  in  conformity  with  the  number  of  such  judges  in 
the  residue  of  the  state,  in  proportion  to  its  population.  They  shall  be  clas- 
sified so  that  one  of  the  justices  of  each  district  shall  go  out  of  office  at  the 
end  of  every  two  years.  After  the  expiration  of  their  terms  under  such  clas- 
sification, the  term  of  their  office  shall  be  eight  years/' 

Why  not  give  the  business,  designated  for  the  supreme  courts, 
to  the  county  courts  ? 

"  5.  The  legislature  shall  have  the  same  powers  to  alter  and  regulate  the 
jurisdiction  and  proceedings  in  law  and  equity  as  they  have  heretofore  pos- 


Is  matter-of-course  and  superfluous. 

"  6.  Provision  may  be  made  by  law  for  designating,  from  time  to  time,  one 
or  more  of  the  said  justices,  who  is  not  a  judge  of  the  court  of  appeals,  to 
preside  at  the  general  terms  of  the  said  court  to  be  held  in  the  several  districts. 
Any  three  or  more  of  the  said  justices,  of  whom  one  of  the  said  justices  so 
designated  shall  always  be  one,  may  hold  such  general  terms.  And  any  one 
or  more  of  the  justices  may  hold  special  terms  and  circuit  courts,  and  any 
one  of  them  may  preside  in  courts  of  oyer  and  terminer  in  any  county." 

The  words  oyer  and  terminer  mean  criminal  court.  And  again, 
why  not  assign  all  important  civil  and  criminal  business  to  the 
county  court  ?  The  clause,  itself,  belongs  rather  to  the  statute 
book. 

"7.  The  judges  of  the  court  of  appeals  and  justices  of  the  supreme  court 
shall  severally  receive,  at  stated  times,  for  their  services,  a  compensation  to 
be  established  by  law,  which  shall  not  be  increased  or  diminished  during  their 
continuance  in  office. 

"  8.  They  shall  not  hold  any  other  office  or  public  trust.  All  votes  for 
cither  of  them,  for  any  elective  office  (except  that  of  justice  of  the  supreme 
court,  or  judge  of  the  court  of  appeals),  given  by  the  legislature  or  the  peo- 
ple, shall  be  void.  They  shall  not  exercise  any  power  of  appointment  to 


SUPREME   COURT.  245 

public  office.  Any  male  citizen  of  the  age  of  twenty-one  yenrs,  of  good 
moral  character,  and  who  possesses  the  requisite  qualifications  of  learning 
and  ability,  shall  be  entitled  to  admission  to  practice  in  all  the  courts  of  this 
state. 

"  9.  The  classification  of  the  justices  of  the  supreme  court ;  the  times  and 
place  of  holding  the  terms  of  the  court  of  appeals,  and  of  the  general  and 
special  terms  of  the  supreme  court  within  the  several  districts,  and  the  circuit 
courts  and  courts  of  oyer  and  terminer  within  the  several  counties,  shall  be 
provided  for  by  law." 

Is  mostly  special-law  matter. 

"  1 0.  The  testimony  in  equity  cases  shall  be  taken  in  like  manner  as  in 
cases  at  law." 

Special-law  and  matter  of  course. 

"11.  Justices  of  the  supreme  court  and  judges  of  the  court  of  appeals  may 
be  removed  by  concurrent  resolution  of  both  houses  of  the  legislature,  if  two 
thirds  of  the  members  elected  to  the  assembly,  and  a  majority  of  all  the  mem- 
bers elected  to  the  senate  concur  therein.  All  judicial  officers,  except  those 
mentioned  in  this  section,  and  except  justices  of  the  peace,  judges  and  justices 
of  inferior  courts  not  of  record,  may  be  removed  by  the  senate,  on  the  recom- 
mendation of  the  governor ;  but  no  removal  shall  be  made  by  virtue  of  this 
section,  unless  the  cause  thereof  be  entered  on  the  journals,  nor  unless  the 
party  complained  of  shall  have  been  served  with  a  copy  of  the  complaint 
against  him,  and  shall  have  had  an  opportunity  of  being  heard  in  his  defence. 
On  the  question  of  removal,  the  ayes  and  noes  shall  be  entered  on  the  journals* 

"  12.  The  judges  of  the  court  of  appeals  shall  be  elected  by  the  electors  of 
the  state,  and  the  justices  of  the  supreme  court  by  the  electors  of  the  several 
judicial  districts,  at  such  times  as  may  be  prescribed  by  law. 

"  13.  In  case  the  office  of  any  judge  of  the  court  of  appeals,  or  justice  of 
the  supreme  court,  shall  become  vacant  before  the  expiration  of  the  regular 
term  for  which  he  was  elected,  the  vacancy  may  be  filled  by  appointment  by 
the  governor,  until  it  shall  be  supplied  at  the  next  general  election  of  judges, 
when  it  shall  be  filled  by  election  for  the  residue  of  the  unexpired  term." 

The  clauses  twelve  and  thirteen  will  fall  with  the  present  sys- 
tem. If  the  judges  in  the  several  districts  are  appointed  during 
good  behavior,  a  special  law,  prescribing  the  forms  of  appointing 
and  removing,  will  be  required,  wherein  should  be  a  clause  or- 
daining that  a  judge  who  takes  the  stump,  as  the  phrase  is,  at 
elections,  should  be  removed  at  once.  The  honor  and  impar- 
tiality of  the  office  require  such  a  law. 

There  are  two  ways  of  making  judges^;  one  by  election  —  of 
this  I  have  spoken  ;  the  other  by  appointment.-  And  then  we 
may  appoint  therefor  a  number  of  years,  or  during  good  behavior, 
as  it  is  called.  The  federal  constitution  has  adopted  the  system 


246  MUNICIPAL   GOVERNMENT. 

of  appointing  the  judges  during  good  behavior.  This  has  made 
the  federal  judiciary  honored  and  respected.  It  is  the  only  good 
system.  A  judge  is  but  a  man.  If  he  occupies  his  place  during 
good  behavior,  people  may  be  well  assured  that  he  will  act  his 
part  faithfully,  and  at  a  reasonable  compensation,  too.  If  elected 
or  appointed  for  a  short  tenure,  society  must  be  prepared  for  his 
making  the  most  out  of  his  term,  by  unreasonable  salary,  fees,  and 
other  means.  In  our  states,  with  elective  legislatures  and  execu- 
tives, with  publicity  of  the  court  transactions,  reporters,  free  press, 
etc.,  there  is  not  the  least  danger  that  a  judge,  even  serving  for 
life,  will  ever  assume  undue  power,  because  he  has  no  power  be- 
yond that  of  investigating  certain  cases  coming  under  his  cogni- 
zance. This  system  secures,  moreover,  impartial  justice.  This 
we  can  never  expect,  in  the  same  measure,  from  the  other  modes. 
It  is  a  strange  contradiction  in  a  simple  political  system  like  ours, 
made  by  the  people  for  the  people,  to  have  two  kinds  of  judiciaries. 
If  we  wish  to  be  considered  as  consistent,  we  should  not  make  an 
appointed  judiciary  in  the  Union  arid  an  elective  one  in  the  states. 


LETTER    IX. 

County  Judge.  —  Webster.  —  Surrogate.  —  Local  Officers.  —  Inferior  Courts. 
—  Justices  of  the  Peace. —  Clerks. — Files  to  be  sent  into  thf  Court  of 
Appeal.  —  Publication  of  Statutes.  —  Code  of  Procedure.  —  Tribunals 
of  Conciliation.  —  Revising  Laws.  —  Systems  of  Judiciary. 

THE  following  clause  contains  useful  prescriptions,  which,  how- 
ever, could  be  also  partly  inserted  into  the  statute  book  :  — 

"  14.  There  shall  be  elected  in  each  of  the  counties  of  this  state,  except  the 
city  and  county  of  New  York,  one  county  judge,  who  shall  hold  his  office  for 
four  years.  He  shall  hold  the  county  court,  and  perform  the  duties  of  the 
office  of  surrogate.  The  county  court  shall  have  such  jurisdiction  in  cases 
arising  in  justices'  courts,  and  in  special  cases,  as  the  legislature  may  pre- 
scribe, but  shall  have  no  original  civil  jurisdiction,  except  in  such  special 
cases. 

"  The  county  judge,  with  two  justices  of  the  peace,  to  be  designated  ac- 
cording to  law,  may  hold  courts  of  sessions  with  such  criminal  jurisdiction  as 
the  legislature  shall  prescribe,  and  perform  such  othe**duties  as  may  be  re- 
quired by  law. 


LOCAL   OFFICERS.  247 

"  The  county  judge  shall  receive  an  annual  salary,  to  be  fixed  by  the  board 
of  supervisors,  which  sh  11  be  neither  increased  nor  diminished  during  his 
continuance  in  office.  The  justices  of  the  peace,  for  services  in  courts  of 
sessions,  shall  be  paid  a  per  diem  allowance  out  of  the  county  treasury. 

"In  counties  having  a  population  exceeding  forty  thousand,  the  legislature 
may  provide  for  the  election  of  a  separate  officer  to  perform  the  duties  of  the 
office  of  surrogate. 

"  The  legislature  may  confer  equity  jurisdiction  in  special  cases  upon  the 
county  judge. 

"  Inferior  local  courts,  of  civil  and  criminal  jurisdiction,  may  be  established 
by  the  legislature  in  cities ;  and  such  courts,  except  for  the  cities  of  New 
York  and  Buffalo,  shall  have  an  uniform  organization  and  jurisdiction  in 
such  cities." 

Accordingly  each  county,  New  York  county  excepted,  shall 
have  but  one  judge.  This  is  an  excellent  idea,  provided  this 
county  court  is  well  organized,  of  which  more  in  the  following  let- 
ter. In  like  manner,  might  one  justice  of  the  peace,  or  town 
judge,  be  sufficient  for  all  town  judicial  business.  This  seems  to 
be  answering  to  the  idea  of  Daniel  Webster,  that,  to  get  good 
judges,  we  should  employ  them  well.  The  present  dilapidation 
of  the  judicial  business,  among  a  great  number  of  special  officials, 
seems  not  to  agree  with  this  idea.  The  duty  of  the  legislature 
should  then  be  to  keep  the- districts  in  proper  size. 

'  15.  The  legislature  may,  on  application  of  the  board  of  supervisors,  pro- 
vide for  the  election  of  local  officers,  not  to  exceed  two  in  any  county,  to  dis- 
charge the  duties  of  county  judge  and  of  surrogate  in  cases  of  their  inability, 
or  of 'a  vacancy,  and  to  exercise  such  other  powers  in  special  cases  as  may 
be  provided  by  law." 

Rather  belongs  to  a  special  act.  But  you  read  again  in  these 
clauses,  "  en  passant,"  of  supervisors.  They  are  at  the  head  of 
the  county  government;  and,  if  this  district  is  well  organized, 
among  the  most  important  officers,  in  regard  to  the  judiciary  es- 
pecially, and  should  therefore  derive  their  power  from  the  con- 
stitution. 

"  16.  The  legislature  may  reorganize  the  judicial  districts  at  the  first  ses- 
sion, after  the  return  of  every  enumeration,  under  this  constitution,  in  the 
manner  provided  for  in  the  fourth  section  of  this  article,  and  at  no  other  time  ; 
and  they  may,  at  such  session,  increase  or  diminish  the  number  of  districts, 
b  it  such  increase  or  diminution  shall  not  be  more  than  one  district  at  any 
one  time.  Each  district  shall  have  four  justices  of  the  supreme  court;  but 
no  diminution  of  the  districts  shall  have  the  effect  to  remove  a  judge  from 
office. 


248  MUNICIPAL   GOVERNMENT. 

I  do  not  believe  thai  such  districts  for  supreme  courts  are,  in- 
deed, needed. 

"17.  The  electors  of  the  several  towns  shall,  at  their  annual  town  meet- 
ing, and  in  such  manner  as  the  legislature  may  direct,  elect  justices  of  the 
peace,  whose  term  of  office  shall  be  four  years.  In  case  of  an  election  to  fill 
a  vacancy  occurring  before  the  expiration  of  a  full  term,  they  shall  hold  for 
the  residue  of  the  unexpired  term.  Their  number  and  classification  may  be 
regulated  by  law.  Justices  of  the  poace  and  judges  or  justices  of  inferior 
courts,  not  of  record,  and  their  clerks,  may  be  removed  (after  due  notice  and 
an  opportunity  of  being  heard  in  their  defence)  by  such  county,  city,  or 
state  courts  as  may  be  prescribed  by  law,  for  causes  to  be  assigned  in  the 
order  of  rein  oval. 

"  18.  All  judicial  officers  of  cities  and  villages,  and  all  such  judicial  officers 
as  may  be  created  therein  by  law,  shall  be  elected  at  such  times  and  in  such 
manner  as  the  legislature  may  direct." 

The  justices  of  the  peace  are  the  cause  of  the  word  "town"  oc- 
curring in  the  constitution.  The  justices  of  the  peace  should  be 
appointed  with  the  greatest  care,  for  they  are  in  importance  second 
to  none.  The  modern  police  courts  seem  to  supersede  them  in 
large  cities.  The  other  particulars  are  special-law  matters. 

"  19.  The  clerks  of  the  several  counties  of  this  state  shall  be  clerks  of  the 
supreme  court,  with  such  powers  and  duties  as  shall  be  prescribed  by  law. 
A  clerk  for  the  court  of  appeals  to  be  ex-officio  clerk  of  the  supreme  court, 
and  to  keep  his  office  at  the  seat  of  government,  shall  be  chosen  by  the  elec- 
tors of  the  state ;  he  shall  hold  his  office  for  three  years,  and  his  compensa- 
tion shall  be  fixed  by  law  and  paid  out  of  the  public  treasury. 

"20.  No  judicial  officer,  except  justices  of  the  peace,  shall  receive  4x>  his 
own  use  any  fees  or  perquisites  of  office." 

Special-law  matter.     All  such  things  vary  constantly. 
"21.  The  legislature  may  authorize  the  judgments,  decrees,  and  decisions 
of  any  local  inferior  court  of  record  of  original  civil  jurisdiction,  established 
in  a  city,  to  removed  for  a  review  directly  into  the  court  of  appeals." 

Special-law  matter.  All  public  papers  belonging  to  the  state, 
counties,  towns,  cities,  and  villages,  whenever  they  are  officially 
needed,  must  be  sent  without  an  extra  authorization. 

"22.  The  legislature  shall  provide  for  the  speedy  publication  of  all  statute 
laws,  and  of  such  judicial  decisions  as  it  may  deem  expedient.  And  all 
laws  and  judicial  decisions  shall  be  free  for  publication  by  any  person." 

Superfluous,  being  a  matter-of-course  fact. 

"23.  Tribunals  of  conciliation  may  be  established,  with  such  powers  and 
duties  as  may  be  prescribed  by  law;  but  such  tribunals  shall  have  no  power 
to  render  judgment  to  be  obligatory  on  the  parties,  except  they  voluntarily 
submit  their  matters  in  difference  and  agree  to  abide  the  judgment  or  assent 


CODE   OF   PROCEDURE.  249 

thereto,  in  the  presence  of  such  tribunal,  in  such  cases  as  shall  be  prescribed 

by  law." 

Superfluous,  for  it  is  the  very  best  part  of  the  office  of  a  justice 
of  the  peace  to  prevent  litigation  by  promoting  conciliation,  and 
if  there  is  a  special  law  necessary  in  this  regard,  it  may  be  enacted. 
This  may  even  ordain  that  no  court  shall  proceed  with  a  lawsuit, 
unless  the  case  has  been  before  a  justice  of  the  peace  to  promote 
a  conciliation. 

"  24.  The  legislature,  at  its  first  session  after  the  adoption  of  this  constitu- 
tion, shall  provide  for  the  appointment  of  three  commissioners,  whose  duty 
it  shall  be  to  revise,  reform,  simplify,  and  abridge  the  rules  and  practice, 
pleadings,  forms,  and  proceedings  of  the  courts  of  record  of  this  state,  and 
to  report  thereon  to  the  legislature,  subject  to  their  adoption  and  modification 
from  time  to  time." 

This  is  evidence  that  there  is  no  code  of  procedure  existing 
upon  which  neither  courts  nor  lawyers  may  have  the  least  influ- 
ence. We  want  one  containing  all  the  rules  invariably  to  be  ob- 
served by  the  bench  and  bar.  The  pleasure  of  the  king  and 
aula  regis  must  cease.  All  stages  of  a  law  procedure  should  be 
prescribed  in  an  explicit,  distinct  manner,  that  no  stays,  or  delays, 
or  prevarications  can  happen,  except  at  the  risk  of  the  delaying 
party.  The  present  procrastination  policy  should  come  to  an  end. 
We  should  never  read  again  of  conventions  of  judges  talking 
about  the  rules  of  the  new  term,  to  suit  themselves.  Of  this  trou- 
ble they  should  be  relieved  by  a  code  of  procedure,  for  all  terms 
to  come.  The  English  judiciary  is  preeminently  procrastinating 
and  unreliable,  because  it  is  too  independent  in  regard  to  the  forms 
of  the  legal  procedures.  These  must  be  paramount  for  all  con- 
cerned. Apropos  —  the  system  of  court-terms  should  be  abol- 
ished ;  the  whole  year  should  be  one  term,  while  each  cause  may 
have  appointed  terms.  As  long  as  there  is  business  it  should  be 
promptly  despatched. 

"25.  The  legislature,  at  its  first  session  after  the  adoption  of  this  consti- 
tution, shall  provide  for  the  organization  of  the  court  of  appeals,  and  for 
transferring  ro  it  the  business  pending  in  the  court  for  the  correction  of  errors, 
and  for  the  allowance  of  writs  of  error  and  appeals  to  the  court  of  appeals, 
from  the  judgment  and  decrees  of  the  present  court  of  chancery  and  supreme 
court,  and  of  the  courts  that  may  be  organized  under  this  constitution." 

A  court  for  the  correction  of  errors  is  practically  the  same  as  a 
court  of  appeals.  A  court  of  chancery  is  set  up  for  the  despatch 

11* 


250  MUNICIPAL   GOVERNMENT. 

of  cases  in  equity.  Both  those  obsolete  institutions  are  abolished, 
and  very  wisely.  Oyer  and  terminer,  surrogate,  sessions,  marine, 
superior,  and  supreme  courts,  with  special  and  general  terms, 
should  be  abolished  too.  But  more  of  this  in  the  following  letter. 

In  seventeen  states  the  judiciary  is  entirely  elective  by  the  peo- 
ple, as  in  New  York,  Pennsylvania,  Maryland,  Virginia,  Florida, 
Mississippi,  Louisiana,  Texas,  Tennessee,  Kentucky,  Ohio,  Michi- 
gan, Indiana,  Illinois,  Missouri,  Iowa,  Wisconsin,  and  California. 
These  states  are  of  modern  origin  or  have  by  late  amendments 
adopted  the  elective  system.  In  Maine,  Vermont,  and  Alabama, 
the  higher  courts  are  appointed,  and  the  lower  elective.  In  eight 
states,  as  New  Hampshire,  Massachusetts,  New  Jersey,  Delaware, 
North  Carolina,  South  Carolina,  Georgia,  and  Arkansas,  the  judi- 
ciary is  appointed  by  the  governor,  with  the  advice  of  the  councils 
or  legislatures,  or  by  the  legislatures,  during  good  behavior,  or  for 
a  certain  term  of  years.  Those  constitutions  which  were  enacted 
a  short  time  after  the  revolution,  have  followed  the  system  of  the 
federal  constitution  and  created  good  judiciaries. 

The  state  of  New  York,  by  making  the  judiciary  elective,  has 
set  the  precedent  for  the  remaining  states.  Those  organized  since 
1847  have  followed  it.  Several  states  priorly  organized  have,  by 
amendment,  or  change  of  constitution,  adopted  it ;  among  others, 
Maryland,  of  which  I  shall  add  a  few  remarks  hereafter. 

"  The  maintenance  of  the  judicial  power  is  essential  and  indis- 
pensable to  the  very  being  of  this  government.  The  constitution 
without  it  would  be  no  constitution ;  the  government  no  govern- 
ment. The  judicial  power  is  the  protecting  power  of  the  whole 
government.  For  the  security  of  the  government,  the  judiciary 
included,  it  requires  such  an  extraordinary  union  of  discretion  and 
firmness,  of  ability  and  moderation,  that  nothing  in  the  country  is 
too  distinguished  for  sober  sense,  or  too  gifted  with  powerful  talent, 
to  fill  the  situations  belonging  to  it." 

So  spoke  Daniel  Webster  in  Congress.  You  will  thank  me  for 
inserting  this  sentence. 


ENGLISH    JUDICIARY.  251 


LETTER   X. 

Remarks  on  the  Organization  of  the  Judiciary  in  States,  Counties,  and  Tc  wns 
in  general. — English  Judiciary.  —  Bad  Legislation.  —  Daniel  O'Connell. 

—  Aula  Regis.—- Reform  by  the  Federal  Constitution-.  —  District,  Circuit, 
and  Supreme  Courts.  —  Municipal  Judicial  Business,  Civil  or  Criminal. — 
Its  Distribution  among  Towns,  Counties,  and  States.  —  Abolition  of  .the 
present  Single  Judicial  Offices.  —  Reasons  for  it.  —  Webster.  —  Moses.  — 
Solon. —  Justinian.  —  Napoleon  I.  —  Frederick  II.  —  Joseph  II.  —  Russell. 

—  Thompson.  —  Brady.  —  Law. 

THE  judicial  forms  or  proceedings,  to  find  out  what  is  right  or 
wrong,  by  means  of  documents,  witnesses,  etc.,  are  very  simple 
and  but  little  changing  with  the  culture  or  moral  and  intellectual 
progress  of  mankind.  Colonies  generally  adopt  or  rather  main- 
tain the  laws  and  judicial  forms  of  the  mother-country.  This 
has  been  the  case  in  the  United  States.  Still  the  simple  form  of 
democratic  government  required  many  important  alterations  in  the 
old  complicated  English  judicial  system,  which  is  a  venerable  relic 
of  the  middle  age,  and  at  present  rather  a  mere  useless  antiqua- 
rian curiosity.  Its  foibles  have  often  been  exposed  on  both  sides 
of  the  Atlantic.  The  great  lawyer,  Daniel  O'Connell,  betrayed 
a  very  poor  idea  of  the  English  law  when  he  said  that  he  could 
drive  through  any  act  of  parliament  with  a  coach-and-four. 
Beautiful  sport  for  rogues !  A  law-reform  movement  is  just  on 
foot  in  England  :  let  us  not  be  behind. 

A  close  scrutiny  of  the  present  English  system  of  bail,  inter- 
pretation, and  conviction,  mostly  based  upon  the  testimony  of  wit- 
nesses, must  convince  an  unprejudiced  mind  that  it  is  generally 
eminently  in  favor  of  villany.  I  am  as  jealous  of  my  personal 
liberty  as  any  person  can  be,  but  feel  very  nervous  if  this  jeal- 
ousy, which  every  freeman  should  possess,  is  made  the  pretext  of 
setting  murderers,  incendiaries,  and  similar  dangerous  criminals 
free  on  mere  straw-bail,  because  a  witness  could  not  be  had,  or 
on  similar  irrelevant  grounds.  We  owre  it  to  this  system  that  it 
is  unsafe  to  appear  unarmed  in  public,  just  as  if  there  was  no  state 


252  MUNICIPAL   GOVERNMENT. 

institution  at  all.  There  is  still  a  difference  in  this  regard  between 
cities  and  country  towns,  but  it  grows  less  very  fast. 

The  political  destiny  of  the  United  States  was  brought  to  a 
bloody  crisis  by  bad  English  legislation.  This  lesion  has  obvi- 
ously improved  the  destiny  of  our  neighbors,  the  Canadians,  but 
not  that  of  the  far-off  East  Indians ;  hence  the  bloody  outbreak 
there,  most  critical  for  Great  Britain's  national  career.  "We  are 
indebted  to  bad  legislation  and  execution  of  the  laws  for  all  our 
home  troubles.  The  sensible  reader  will  therefore  excuse  the 
outspoken  manner  in  which  I  write  of  English  law.  Through  it 
runs  the  maxim,  like  the  red  thread  through  the  royal  navy,  that 
the  king  is  all  the  judge  and  court  for  the  whole  kingdom.  He, 
like  his  colleagues  in  Europe,  travelled  in  the  country  in  old 
times  for  this  purpose,  with  some  courtiers,  barons,  judges,  etc., 
and  of  course  he  did  as  he  pleased.  Soon  dukes,  barons,  bishops, 
etc.,  got  slices  of  the  royal  jurisdiction  ;  substitutes  (surrogates) 
were  appointed  ;  and  in  consequence  of  the  Magna  Charta  a  stable 
royal  court  was  established  in  Westminster  Hall,  called  aula  regis, 
that  is,  king's  court.  Later  this  court  was  divided  into  the  courts 
of  exchequer  (so  called  from  a  checkered  table-cloth),  common 
pleas,  and  king's  bench,  to  which  was  added  the  court  of  chancery 
and  house  of  lords.  Again  there  happened  a  split,  so  that  the 
people  got  seven  courts  of  exchequer.  Following  up  this  manner 
of  patching  up  a  judiciary,  there  came  later,  admiralty  courts  — 
county,  sessions,  ecclesiastical,  coroners'  courts,  etc.  The  common 
source  of  this  organization  was  the  king  and  his  pleasure.  He 
of  course  had  the  original  jurisdiction,  that  is,  with  full  formal 
trials  later  prescribed  by  law,  required  by  the  importance  of  the 
cases.  The  court  hierarchy  went  from  the  throne  down  to  the 
people.  Some  of  these  forms  we  have  retained  with  the  English 
common  law,  but  much  of  it  has  already  been  discarded.  Still 
our  courts  wield  much  of  the  "  pleasure  "  of  the  king. 

The  most  important  reform  in  this  regard  produced  the  federal 
constitution,  and  the  judiciary  which  it  created,  absorbing  a  good 
deal  of  the  common  or  original  English  state-judicial  business.  This 
organic  law  made  a  great  division  between  national  and  municipal 
judicial  business,  never  before  done  in  this  manner  by  such  a 
law  or  a  government,  and  organized  for  the  first  time  a  separate 
national  judiciary,  at  once  breaking  up  the  usual  British  judicial 


NATIONAL   JUDICIARY.  253 

hierarchy.  You  will  recollect  that  the  third  article  of  the  federal 
constitution  contains  in  a  few  concise  words  the  dispositions  about 
the  national  judiciary.  The  business  is  at  present,  if  I  am  not 
mistaken,  distributed  among  forty-eight  districts,  ten  circuit  courts, 
and  one  supreme  court. 

From  the  constitution  of  the  state  of  New  York  you  have  just 
learned  how  the  judicial  business  remaining  for  the  state  shall  be 
despatched,  viz.,  by  a  court  of  appeals,  eight  supreme  courts,  su- 
perior courts,  surrogates,  county  courts,  justices  of  the  peace, 
city  courts,  coroners,  police  courts,  oyer  and  terminer  courts,  ma- 
rine courts,  court  of  sessions,  etc.  This  machinery,  according  to 
unmistakable  symptoms,  has  not  worked  well :  and  why  is  this  ? 
because  our  state  constitution  has  not  carried  out  the  policy  adopted 
by  the  framers  of  the  federal  constitution,  viz :  to  organize  the 
judiciary  and  set  up  the  courts  strictly  according  to  the  natural 
logical  exigency  of  the  remaining  municipal  judicial  business, 
and  not  according  to  dogmatical  or  historical  notions  of  law  and 
equity  cases,  original  and  not  original  jurisdiction,  and  other  old 
English  cu.-toms. 

Simply  considering  the  usual  judicial  business  as  it  is,  we  have 
either  civil  or  criminal  cases,  so  that  we  want  civil  and  criminal 
courts.  The  civil  cases  are  more  or  less  important.  A  subdivi- 
sion takes  place  in  the  criminal  judicial  business,  now  generally 
called  police  business.  To  organize  this  business,  the  common 
division  of  the  state  into  towns  and  counties  seems  to  answer  per- 
fectly well  for  all  practical  purposes. 

The  minor  civil  and  criminal  or  police  cases  might  be  despatched 
in  the  towns  by  a  town  judge  or  justice  of  the  peace  carefully 
appointed  for  each  town.  In  regard  to  claims,  the  amount  gene- 
rally serves  as  a  measure,  perhaps  two  hundred  dollars.  All 
trials  of  reconciliation  also  naturally  belong  to  the  town  court. 

Business  not  belonging  to  the  town  court  should  be  apportioned 
to  the  county  court,  with  one  judge,  as  the  constitution  ordains. 
All  judges  appointed  now  for  single  business  branches  should  be 
abolished.  The  county  court  might  serve  as  a  court  of  appeals 
in  regard  to  decisions  of  the  town  court.  Besides,  a  state  court 
will  be  required  for  appeals  from  the  county  courts,  and  the  claims 
against  the  state,  and  on  the  constitutionality  of  laws,  etc.  Some 
cities  will  require  more  than  one  town  court ;  still  not  more  than 


254  MUNICIPAL   GOVERNMENT. 

one  county  court.  Very  large  cities  will  receive  exceptional  at- 
tention. The  diverse  appointments  should,  as  I  have  before  inti- 
mated, originate  with  the  town,  county,  and  state  executives  arid 
legislative  bodies;  because  they  either  have  the  care  for  the  exe- 
cution of  the  laws  or  hold  the  purse-strings  in  their  hands.  Such 
a  simple,  logical  distribution  of  the  municipal  judicial  business 
recommends  itself  to  the  general  attention — 

First.  In  regard  to  the  responsibility  of  the  town  and  county, 
which,  by  their  constitutional  agents,  appoint  the  judges.  They 
being  sworn  in  to  attend  to  the  interests  of  the  town  or  county, 
will  appreciate  the  importance  of  the  act  the  more  seriously  because 
it  does  not  often  occur.  Of  such  a  highly  desirable  responsibility 
there  is  not  the  least  vestige  in  the  elective  system.  Town  and 
county  agents  are  amenable  to  law,  and  not  to  parties  who  control 
the  elections. 

Second.  In  regard  to  the  qualifications  of  the  judges.  A  can- 
didate for  a  county  or  town  judgeship  knows  that  he  will  occupy 
the  office  as  long  as  he  fills  it  ably.  He  will  therefore  thoroughly 
prepare  himself  for  the  bench,  not  even  shunning  expensive  out- 
lays for  this  purpose. 

Third.  In  regard  to  the  business.  First  it  will  be  managed 
with  ability,  talent,  and  impartiality ;  second,  with  honesty  and 
decorum.  The  proposed  combination  of  the  present  dilapidated 
civil,  criminal,  and  police  business  will  keep  the  judges  in  their 
districts  well  employed,  and  therefore  ripen  and  sharpen  their 
judgment  in  deciding  causes.  Being  prohibited  from  taking  a 
share  in  other  employments,  such  a  judge  will  be  wholly  a  judge, 
always  a  judge,  and  nothing  but  a  judge,  as  Webster  desired 
might  be  the  case. 

This  also  applies  to  the  state  court.  Of  course  these  three 
courts  should  all  be  courts  of  record,  and.  in  a  word,  perform  all 
the  business  at  present  divided  among  a  swarm  of  special  judicial 
officials,  producing  confusion,  scandalous  feuds  among  them  for 
business,  and  a  deplorable  degradation  of  this  most  honorable 
function.  A  good  impartial  judiciary  is  all  the  model  republic 
we  may  boast  of.  I  add  that  a  state  of  the  improper  size  of  New 
York  requires  at  least  four  state  courts  for  corresponding  districts ; 
while  well-proportioned  Connecticut  requires  but  one. 

History  teaches  that  only  those  rulers  who  are  distinguished  as 


WEBSTER — MOSES — SOLON — NAPOLEON.  255 

good  legislators  and  administrators  of  justice  acquire  lasting  fame 
and  celebrity.  To  say  nothing  of  Moses,  Solon,  and  Justinian,  it 
is  obvious  that  Napoleon  I.  has  endeared  himself  to  the  better 
class  of  Frenchmen,  not  so  well  by  his  gained  and  lost  battles,  and 
imperial  ambitious  schemes,  as  by  his  good  law-codes  and  an  ex- 
cellent organization  of  the  judiciary.  By  similar  acls  of  true 
statesmanship  before  him,  Frederick  II.,  of  Prussia,  and  Joseph 
II.,  of  Austria,  acquired  the  appellation  of  great  and  good  princes. 
It  is  their  work  that  these  empires  still  exist  and  enjoy  esteem 
and  credit  under  most  trying  vicissitudes.  I  am  sorry  that  I  can 
not  point  out  a  single  one  of  our  states  which  excels  in  this  regard. 
StilJ,  in  our  smaller  states  the  administration  of  justice  is  better 
than  in  the  larger.  People  faithful  to  an  inborn  instinct  love  and 
honor  justice,  notwithstanding.  They  cheerfully  erect  public  halls 
for  her  service  ;  they  adorn  them  with  statuary  and  pictures  ;  they 
fill  them  with  libraries.  The  goddess  of  justice,  with  covered 
eyes,  to  prevent  biasing  by  personalities  or  gold,  with  the  balance, 
the  symbol  of  equity  and  righteousness  in  one  hand,  and  with  the 
sword  for  the  strong  arm  of  the  executor  in  the  other,  thrones 
upon  our  splendid  piles  and  court-halls.  Still,  what  contain  the 
daily  reports  of  the  administration  of  justice  beneath  their  roofs, 
by  their  sworn  priests  ?  Says  Judge  Russell  in  New  York,  in  his 
address  to  the  grand  jury :  "  It  is  probable  that  at  this  term  you 
will  encounter  some  alleged  offences  which  the  law  is  impotent  to 
reach,  and  others  that,  where  the  law  is  sufficient  by  reason  of 
the  present  practice,  motion  upon  motion  and  appeal  upon  appeal 
may  be  resorted  to,  so  that  the  court  is  rendered  impotent  to  pun- 
ish. It  is  the  bane  of  our  system,  that  while  the  friendless  crim- 
inals almost  step  from  the  stationhouse  to  the  state-prison,  others, 
who  have  able  counsel  and  friendly  bail,  may  badger  justice  be- 
yond the  power  of  the  most  indefatigable  district-attorney,  or  the 
most  industrious  judge  to  prevent."  Similar  pithy  addresses  we 
often  notice.  I  refer  to  one  of  Judge  Thompson,  in  Baltimore, 
and  of  Mr.  Brady,  in  memory  of  Justice  Duer. 

We  need  a  revival  in  the  direction  of  justice.  Let  us  hope 
that  the  proposed  revision  of  the  constitution  of  the  leading  state 
will  rouse  the  people  and  bring  out  a  thorough  reform  of  the 
judiciary.  Then  will  Maryland  and  other  states  follow  in  the  wake. 

"  We  may  traverse  sea  and  land  on  the  wings  of  lightning ;  we 


256  MUNICIPAL   GOVERNMENT. 

may  cover  the  globe  with  a  network  of  railways ;  our  canals  may 
be  as  the  highways  of  the  waters ;  but  without  that  silent,  ger- 
minating, sustaining  principle,  LAW,  all  our  labor,  skill,  energy, 
learning,  and  treasure,  will  be  of  little  avail,  except  it  be  to  keep 
up  and  adorn  the  general  ruin." 

The  "amici  curial"  may  then  bestir  themselves. 


LETTER    XI. 

Finance.  —  Revenues  of  the  State  Canals.  —  Sinking  Fund.  —  General  Fund 
Debt.  —  State  Stock  Loaned  to  Incorporated  Companies.  —  Selling 
Canals. 

WE  now  come  to  the  finances. 

ARTICLE    VII. 

Finance. 

* 

"  1.  After  paying  the  expenses  of  collection,  superintendence,  and  ordinary 
re |  airs  there  shall  be  appropriated  and  set  apart  in  each  fiscal  year,  out  of  the 
revenues  of  the  state  canals,  commencing  on  the  first  day  of  June,  1846,  the 
sum  of  one  million  and  three  hundred  thousand  dollars,  until  the  first,  day  of 
June,  1855,  and  from  that  time,  the  sum  of  one  million  and  seven  hundred 
thousand  dollars  in  each  fiscal  year,  as  a  sinking  fund,  to  pay  the  interest 
and  redeem  the  principal  of  that  part  of  the  state  debt  called  the  canal  debt, 
as  it  existed  «t  the  time  aforesaid,  and  including  three  hundred  thousand 
dollars  then  to  be  borrowed  until  the  same  shall  be  wholly  paid ;  and  the 
principal  and  income  of  the  said  sinking  fund  shall  be  sacredly  applied  to 
that  purpose. 

This  article  treats  mostly  of  the  income  derived  from  the 
canals,  an  object  which,  originally,  has  as  little  connection  with 
the  political  organization  of  the  society,  as  the  fire  police,  the 
regulations  of  which  filled  a  large  chapter  of  the  old  constitution, 
and  rests  entirely  upon  special  legislation,  and  private  speculation 
of  the  government,  which,  thus  far,  ceases  to  be  government,  and 
steps  down  into  the  arena  of  private  life.  If  a  government  sees 
fit  to  make  money  by  building  canals,  manufacturing  salt,  snuff, 
china,  etc.,  etc.,  and  is  not  expressly  forbidden  to  meddle  with 
such  business,  it  should  lay  down  the  rules  for  such  things  in 
special  laws,  just  as  manufacturers  or  railroad  companies  do. 


*• 

SINKING  FUND.  257 

That  such  special  laws  of  a  legislature  should  be  observed 
sacredly  by  the  legislature  itself,  is,  indeed,  very  desirable,  and  a 
matter  of  course.  But,  what  shall  be  done  with  this  proviso  and 
the  following,  if  the  canals  do  not  pay,  a  thing  which  happens  at 
present  ? 

The  federal  government  spends  immense  sums  annually,  has 
paid  up  many  millions  of  debts,  keeps  an  army  and  navy  at  an 
expense  of  some  twenty  millions  of  dollars,  and  does  this  all  in 
virtue  of  two  very  short  paragraphs,  namely,  clause  18,  art.  I, 
sect,  viii.,  and  clause  7,  sect.  ix.  of  the  same  article.  Some  such 
dispositions,  inserted  into  this  state  constitution,  would  have  an- 
swered all  reasonable  purposes.  How  shall  the  officers  sacredly 
manage  this  fund  if  the  canals  bring  no  revenue  ?  They  must 
borrow,  or  violate  the  constitution,  of  course. 

"  2.  After  complying  with  the  provisions  of  the  first  section  of  this  article, 
there  shall  be  appropriated  and  set  apart  out  of  the  surplus  revenues  of  the 
state  canals,  in  each  fiscal  year,  commencing  on  the  first  day  of  June, 
1846,  the  sum  of  three  hundred  and  fifty  thousand  dollars,  until  the  time 
when  a  sufficient  sum  shall  have  been  appropriated  and  set  apart,  under  the 
said  first  section,  to  pay  the  interest  and  extinguish  the  entire  principal  of  the 
canal  debt ;  and  after  that  period  then  the  sum  of  one-  million  and  five  hun- 
dred thousand  dollars  in  each  fiscal  year,  as  a  sinking  fund,  to  pay  the  inte- 
rest and  redeem  the  principal  of  that  part  of  the  state  debt  called  the  general 
fund  debt,  including  the  debt  for  loans  of  the  state  credit  to  railroad  com- 
panies which  have  failed  to  pay  the  interest  thereon,  and  also  the  contingent 
debt  on  state  stocks  loaned  to  incorporated  companies  which  have  hitherto 
paid  the  interest  thereon  whenever  and  as  far  as  any  part  thereof  may  become 
a  charge  on  the  treasury  or  general  fund,  until  the  same  shall  be  wholly  paid  ; 
and  the  principal  and  income  of  the  said  last  mentioned  sinking  fund  shall  be 
sacredly  applied  to  the  purpose  aforesaid  ;  and  if  the  payment  of  any  part  of 
the  moneys  to  the  said  sinking  fund  shall  at  any  time  be  deferred,  by  reason 
of  the  priority  recognized  in  the  first  section  of  this  article,  the  sum  so  defer- 
red, with  quarterly  interest  thereon,  at  the  then  current  rate,  shall  be  paid  to 
the  last-mentioned  sinking  fund,  as  soon  as  it  can  be  done  consistently  with 
the  just  rights  of  the  creditors  holding  said  canal  debt. 

"  3.  After  paying  the  said  expenses  of  superintendence  and  repairs  of  the 
canals,  and  the  sum  appropriated  by  the  first  and  second  sections  of  this  arti- 
cle, there  shall  be  paid  out  of  the  surplus  revenues  of  the  canals  to  the  treas- 
urv  of  the  state,  on  or  before  the  thirteenth  day  of  September,  in  each  year, 
for  the  use  and  benefit  of  the  general  fund,  such  sum,  not  exceeding  two  hun- 
dred thousand  dollars,  as  may  be  required  to  defray  the  necessary  expenses 
of  the  state;  and  the  remainder  of  the  revenues  of  the  said  canals  shall,  in 
each  fiscal  year,  be  applied,  in  such  manner  as  the  legislature  shall  direct,  to 


2;~> 8  MUNICIPAL   GOVERNMENT. 

the  completion  of  the  Erie  canal  enlargement,  and  the  Genesee  Valley  and 
Black  River  canals,  until  the  said  canals  shall  be  completed. 

"  If  at  any  time  after  the  period  of  eight  years  from  the  adoption  of  this 
constitution,  the  revenues  of  the  state  unappropriated  by  this  article,  shall 
not  be  sufficient  to  defray  the  necessary  expenses  of  the  government,  with- 
out continuing  or  laying  a  direct,  tax,  the  legislature  may,  at  its  discre- 
tion, supply  the  deficiency,  in  whole  or  in  part,  from  the  surplus  revenues  of 
the  canals,  after  complying  with  the  provisions  of  the  first  two  sections  of  this 
article,  for  paying  the  interest  and  extinguishing  the  principal  of  the  canal 
and  general  fund  debt ;  but  the  sum  thus  appropriated  from  the  surplus  reve- 
nues of  the  canal  shall  not  exceed  annuallv  three  hundred  and  fifty  thousand 
dollars,  including  the  sum  of  two  hundred  thousand  dollars,  provided  for  by 
this  section  for  the  expenses  of  the  government,  until  the  general  fund  debt 
shall  be  extinguished,  or  until  the  Erie  canal  enlargement  and  Gem-see 
Valley  and  Black  River  canals  shall  be  completed,  find  after  that  debt  shall 
be  paid,  or  the  said  canals  shall  be  completed,  then  the  sum  of  six  hundred 
and  seventy-two  thousand  five  hundred  dollars,  or  so  much  thereof  as  shall 
be  necessary,  may  be  annually  appropriated  to  defray  the  expenses  of  the 
government." 

Those  provisoes  belong  to  a  statute-book. 

"  4.  The  claims  of  the  state  against  any  incorporated  company  to  pay  the 
inter-st  and  redeem  the  principal  of  the  stock  of  the  state  loaned  or  advanced 
to  such  companv,  shall  be  fairly  enforced,  and  not  released  or  compromised; 
and  the  moneys  arising  from  such  claims  shall  be  set  apart  and  applied  as 
part  of  the  sinking  fund  provided  in  the  second  section  of  this  article.  But 
the  time  limited  for  the  fulfilment  of  any  condition  of  any  release  or  compro- 
mise heretofore  made  or  provided  for,  may  be  extended  by  law." 

Are  officers  in  New  York  state  in  the  habit  of  acting  unfairly? 
The  policy  of  loaning  public  money  or  credit  to  private  individu- 
als is  bad ;  it  is  still  worse  to  put  such  a  proviso  in  the  constitu- 
tion. 

"  5.  If  the  sinking  funds,  or  either  of  them  provided  in  this  article,  shall 
prove  insufficient  to  enable  the  state  on  the  credit  of  such  fund,  to  procure 
the  means  to  satisfy  the  claims  of  the  creditors  of  the  state,  as  they  become 
payable,  the  legislature  shall,  by  equitable  taxes,  so  increase  the  revenues  of 
the  said  funds  as  to  make  them,  respectively,  sufficient  perfectly  to  preserve 
the  public  faith.  Every  contribution  or  advance  to  the  canals,  or  their  debt, 
from  any  source,  other  than  their  direct  revenues  sh;ill,  with  quarterly  in- 
terest, at  the  rates  then  current,  be  repaid  into  the  treasury,  for  the  use  of  the 
state,  out  of  the  canal  revenues,  as  soon  as  it  can  be  done  consistently  with 
the  just  rights  of  the  creditors  holding  the  said  canal  debts." 

All  special-law  business. 

"  6.  The  legislature  sh;dl  not  sell,  lease,  or  otherwise  dispose  of  --ny  of  the 
canals  of  the  state  ;  but  they  shall  remain  the  property  of  the  state  arid  under 
its  management  for  ever." 


STATE    CANALS.  259 

This  is,  indeed,  a  bold,  grasping,  disposition,  barring  the  action  of 
statesmen  and  people  for  all  generations  to  come.  There  were  rail- 
roads in  operation  when  this  clause  was  written  and  printed  !  I 
am  far  from  imputing  to  its  authors  any  other  intention  than  that 
to  raise  money  to  defray  the  government's  expense  with.  Still 
this  operation  is  inseparable  from  a  peculiar  party  canal-policy, 
patronage,  and  sundry  items  comprised  by  the  word  public  cor- 
ruption. The  sooner  they  are  sold  the  better.  Canals  have  had 
their  time,  especially  when  managed  by  governments.  In  this  re- 
spect also,  should  the  federal  constitution  have  served  as  a  pattern. 

Arsenals  are  most  certainly  establishments  closely  in  connection 
with  the  common  defence,  navy,  etc.  Still  the  constitution  no- 
where says  that  the  arsenals  shall  remain  the  property  of  the 
Union  for  ever,  and  never  be  sold,  etc.  In  our  time  Congress 
disposed  of  one  in  Memphis,  and  may  sell  them  all  to-morrow,  if 
not  any  more  needed  for  the  common  defences.  Or,  do  the  people 
of  the  state  of  New  York  require  canals  eternally  for  the  ends  of 
municipal  justice,  as  Congress  is  in  need  of  arsenals  for  the  navy, 
a  branch  of  the  executive  power,  inseparable  from  a  national  gov- 
ernment ? 

Think  of  such  subjects  earnestly,  because  they  are  a  principal 
cause  of  the  prevalent  public  corruption.  Demagogues,  however, 
will  stick  to  the  present  practice  of  our  governments,  to  meddle 
with  private  business,  as  long  as  they  can,  because  it  is  lucrative 
for  them,  and  strengthens  the  party  ties.  There  is  a  thorough 
reform  necessary.  May  the  revision  of  the  constitution  bring  it. 


260  MUNICIPAL   GOVERNMENT. 


LETTER    XII. 

Salt  Springs. — Appropriation  Laws.  —  State  Credit. — Borrowing  Money. 
—  Invasion.  —  Debt  Laws.  —  Voting  upon. 

THE  following  proviso  is  similar  to  that  concerning  canals : — 

"  7.  The  legislature  shall  never  sell  or  dispose  of  the  salt  springs  belonging 
to  this  state.*  The  land  contiguous  thereto,  and  which  may  be  necessary  and 
convenient  for  the  use  of  the  salt  springs,  may  be  sold  by  authority  of  law, 
and  under  the  direction  of  the  commissioners  of  the  land  office,  for  the  pur- 
pose of  investing  the  moneys  arising  therefrom  in  other  lands  alike  conven- 
ient ;  but  by  such  sale  and  purchase  the  aggregate  quantity  of  these  lands 
shall  not  be  diminished." 

It  is  superfluous  to  tell  you  my  opinion  about  this  clause;  it 
belongs  not  to  the  constitution,  and  is  a  political  error ;  besides, 
governments  are  bad  salt  manufacturers. 

"  8.  No  moneys  shall  ever  be  paid  out  of  the  treasury  of  this  state,  or  any 
of  its  funds,  or  any  of  the  funds  under  its  management,  except  in  pursuance 
of  an  appropriation  by  law;  nor  unless  such  payment  be  made  within  two 
years  next  after  the  passage  of  such  appropriation  act ;  and  every  such  law 
making  a  new  appropriation,  or  continuing  or  reviving  an  appropriation, 
shall  distinctly  specify  the  sum  appropriated,  and  the  object  to  which  it  is  to 
be  appplied ;  and  it  shall  not  be  sufficient  for  such  law  to  refer  to  any  other 
law  to  fix  such  sum." 

There  is  no  better  proviso  on  this  subject  than  that  found  in 
the  Fed.  Const,  clause  7,  sect,  vii.,  art.  I. 

"  9.  The  credit  of  the  state  shall  not,  in  any  manner,  be  given  or  loaned 
to,  or  in  aid  of  any  individual,  association,  or  corporation." 

This  is  very  just,  and  a  matter-of-course,  because  states  are  no 
money  brokers  or  bankers. 

"  10.  The  state  may,  to  meet  casual  deficits  or  failures  in  revenues,  or  for 
expenses  not  provided  for,  contract  debts,  but  such  debts,  direct  and  contin- 
gent, singly  or  in  the  aggregate,  shall  not,  at  any  time,  exceed  one  million 
of  dollars  ;  and  the  moneys  arising  from  the  loans  creating  such  debts,  shall 
be  applied  to  the  purpose  for  which  they  were  obtained,  or  to  repay  the  debt 
so  contracted,  and  to  no  other  purpose  whatever." 

It  is  utterly  impossible  that,  if  our  states  have  nothing  to  do 


STATE   DEBTS.  261 

with  speculations  and  improper  business,  they  will  ever  be  in  need 
of  borrowing  money,  for  there  can  not  happen  a  deficit. 

"11.  In  addition  to  the  above  limited  power  to  contract  debts,  the  state 
may  contract  debts  to  repel  invasion,  suppress  insurrection,  or  defend  the 
state  in  war;  but  the  money  arising  from  the  contracting  of  such  debts  shall 
be  applied  to  the  purpose  for  which  it  was  raised,  or  to  repay  such  debts, 
and  to  no  other  purpose  whatever." 

This  seems  to  be  superfluous  under  our  federal  constitution, 
because  expenses  for  the  mentioned  events  Congress  has  to  bear. 

"12.  Except  the  debts  specified  in  the  tenth  and  eleventh  sections  of  this 
article,  no  debt  shall  hereafter  be  contracted  by  or  on  behalf  of  this  state,  un- 
less such  debt  shall  be  authorized  by  a  law  for  some  single  work  or  object,  to 
be  distinctly  specified  therein,  and  such  law  shall  impose  and  provide  for  the 
collection  of  a  direct  annual  tax  to  pay,  and  sufficient  to  pay  the  interest  on 
such  debt  as  it  falls  due,  and  also  to  pay  and  discharge  the  principal  of  such 
debt  within  eighteen  years  from  the  time  of  the  contracting  thereof. 

"  No  such  law  shall  take  effect  until  it  shall,  at  a  general  election,  have 
been  submitted  to  the  people,  and  have  received  a  majority  of  all  the  votes 
cast  for  and  against  it  at  such  election. 

"  On  the  final  passage  of  such  bill  in  either  house  of  the  legislature,  the 
question  shall  be  taken  by  ayes  and  noes,  to  be  duly  entered  on  the  journals 
thereof,  arid  shall  be :  '  Shall  this  bill  pass,  and  ought  the  same  to  receive 
the  sanction  of  the  people  ?' 

"  The  legislature  may  at  any  time,  after  the  approval  of  such  law  by  the 
people,  if  no  debt  shall  have  been  contracted  in  pursuance  thereof,  repeal  the 
same ;  and  may,  at  any  time,  by  law,  forbid  the  contracting  of  any  farther 
debt  or  liability  under  such  law ;  but  the  tax  imposed  by  such  act,  in  pro- 
portion to  the  debt  and  liability  which  may  have  been  contracted  in  pur- 
suance of  such  law,  shall  remain  in  force  and  be  irrepealable,  and  be  an- 
nually collected  until  the  proceeds  thereof  shall  have  made  the  provision 
hereinbefore  specified  to  pay  and  discharge  the  interest  and  principal  of  such 
debt  and  liability. 

"  The  money  arising  from  any  loan  or  stock  creating  such  debt  or  liability 
shall  be  applied  to  the  work  or  object  specified  in  the  act  authorizing  such 
debt  or  liability,  or  for  the  repayment  of  such  debt  or  liability,  and  for  no 
other  purpose  whatever. 

"  No  such  law  shall  be  submitted  to  be  voted  on  within  three  months  after 
its  passage,  or  at  any  general  election,  when  any  other  law  or  any  bill  or 
any  amendment  to  the  constitution  shall  be  submitted  to  be  voted  for  or 
against." 

There  is  no  "  single  work  or  object"  imaginable  which  a  real 
good  state  government  has  to  undertake  besides  what  belongs  to 
the  state  establishment  itself.  Most  of  the  state  burdens  are  borne 
either  by  Congress  or  the  towns  and  counties.  The  whole  clause 


262  MUNICIPAL   GOVERNMENT. 

should  not  occur  in  the  constitution,  because  it  may  induce  to  all 
kinds  of  speculations.  Suppose  the  government  would  try  to 
make  the  canals  pay,  by  using  the  water-power  for  manufacturing 
flour,  snuff,  or  paper,  with  a  capital  of  one  million,  could  people 
hinder  it  consistently  under  this  constitution,  which  makes  the 
government  an  everlasting  canal  and  salt  manufacturing  concern. 
I  am  not  sure  that  such  speculations  will  not  spring  up  from  this 
article.  Selling  out  is  the  best  policy,  if  we  would  have  New  York 
salt  cheap  and  plenty.  The  present  is  old  English  royalty  policy 
making  a  beautiful  show  in  New  Caledonia. 


LETTER   XIII. 

Taxes.  —  Voting  on  Debt  and  Tax  Laws. 

THE  constitution  ordains  further: — 

"  13.  Every  law  which  imposes,  continues,  or  revives  a  tax,  shall  distinctly 
state  the  tax  and  the  object  to  which  it  is  to  be  applied,  and  it  shall  not  be 
sufficient  to  refer  to  any  other  law  to  fix  such  a  tax  or  object." 

This  seems  to  be  superfluous  because  self-evident  and  ministe- 
rial. 

"  14.  On  the  final  passage  in  either  house  of  the  legislature,  of  every  act 
which  imposes,  continues,  or  revives  a  tax,  or  creates  a  debt  or  charge,  or 
makes,  continues,  or  revives  any  appropriation,  of  public  or  trust  money  or 
propt-rty,  or  releases,  discharges,  or  commutes  any  claim  or  demand  of  the 
state,  the  question  shall  be  taken  by  yeas  and  noes,  which  shall  be  duly  en- 
tered on  the  journals,  and  three  fifths  of  all  the  members  elected  to  either 
house  shall,  in  all  such  cases,  be  necessary  to  constitute  a  quorum  therein." 

All  this  is  very  well  so  far  as  it  goes.  But  a  definitive,  abso- 
lute prohibition  of  applying  public  funds  for  other  purposes  than 
those  required  for  the  support  of  the  state  institution  itself,  can 
alone  check  abuse  of  state  means  and  power.  The  financial  af- 
fairs of  an  American  municipal  state,  as  it  ought  to  be,  are  exceed- 
ingly simple.  And  of  the  same  character  ought  to  be  the  consti- 
tution itself.  >The  less  detail  the  better.  While  this  young  state 
constitution  has  been  already  repeatedly  amended,  the  old  federal 
constitution  has  stood  the  fiery  ordeal  of  factions,  civil  commotions, 
wars,  and  other  important  changes  of  time,  during  almost  a  cen- 


CORPORATIONS.  263 

tury,  without  requiring:  the  lea*t  alteration  !     It  is  so  good  that  we 
can  still,  a  long,  a  very  long  time,  profit  by  it. 

Macchiavelli  advises  his  prince  to  imitate  a  great  monarch.  In 
making  state  constitutions  we  will  do  well  to  imitate  our  federal 
constitution.  JSio  better  pattern  exists  in  the  world. 


LETTER    XIV. 

Corporations.  —  General  Law.  —  Banking  Corporations.  —  Suspension  of 
Payment.  —  Registry  of  Bills.  —  Paper  Money.  —  Insolvent  Banks.  — 
Boards.  —  Conflict  of  State  Laws,  and  the  Federal  Constitution,  respecting 
Banks  of  Issue.  —  Paper  and  Metallic  Money.  —  Credit  System. — Agri- 
culture.—  Hunt's  Merchants'  Magazine. 

AT  the  time  when  this  constitution  was  made  there  was  much 
popular  excitement  against  incorporated  companies,  especially 
bank  corporations. 

A  corporation  is,  as  the  name  indicates,  an  association  for  busi- 
ness purposes,  endowed  by  law,  with  the  rights  of  a  person.  A 
single  person  may  be  sued  and  sue,  but  a  company  or  partner- 
ship, as  such,  can  not,  unless  it  is  incorporated,  or  made  a  politi- 
cal person.  Then  the  president  alone,  or  with  the  directors,  sue 
and  may  be  sued  on  account  of  the  concern  and  their  members, 
who  generally  are  called  stockholders,  and  may  reside  where  they 
please.  Copartners  sue  and  are  sued  upon  their  names.  On  this 
subject,  and  in  consequence  of  those  events,  the  constitution  has  a 
separate  article,  as  follows  : — 

ARTICLE    VIII. 

Corporations. 

"  1.  Corporations  may  be  formed  under  general  laws;  but  shall  not  be 
created  by  special  act,  except  for  municipal  purposes,  and  in  cases,  where  in 
the  judgment  of  the  legislature,  the  objects  of  the  corporation  can  not  be 
attained  under  general  laws.  All  general  laws  and  special  acts  passed  pur- 
suant to  this  section,  may  be  altered  from  time  to  time  or  repealed." 

This  proviso  is  wise  and  good,  although  little  regarded  by  the 
legislature,  when  fn-oly  chartering  all  kinds  of  corporations  not 
belonging  to  the  exempted  class,  as  for  turning,  pure  milk,  hospi- 


264  MUNICIPAL   GOVERNMENT. 

tals,  etc.  Municipal  purposes  means,  incorporations  of  counties 
and  towns  (cities  and  villages).  I  have  mentioned  elsewhere  that 
the  constitution  should  contain  the  general  provisoes  about  their 
organization,  because  such  an  organic  law  is,  in  fact,  nothing  but 
a  state,  county,  and  town  charter.  The  expansion  of  industrial 
enterprise,  or,  in  other  words,  large  business,  requiring  more 
means  than  a  single  person  usually  commands,  as  the  building  of 
canals,  railroads,  etc.,  is  the  cause  of  this  business  form  or  formal- 
ity. It  can  be  perfectly  well  arranged,  with  the  help  of  the 
county  courts  or  administration,  where  the  business  is  located,  re- 
serving to  the  state  government  the  supervision  ;  for  which  pur- 
pose the  general  law  on  the  subject  should  contain  explicit  provi- 
sions, the  principal  aim  of  which  should  be  to  prevent  and  check  ir- 
responsible monopolies  and  too  great  centralizations  by  consolida- 
tions, etc.  The  cases  mentioned  in  the  proviso  where  the  objects 
of  the  corporation  can  not  be  attained  under  general  laws,  can  be, 
methinks,  only  such,  whose  business  is  not  located  within  the 
state,  as  Isthmus  transit  companies,  and  the  like.  But  this  being 
no  municipal  business,  it  is  doubtful  whether  such  concerns  should 
not  derive  their  charters  elsewhere.  If  Rhode  Island  may  charter 
such  a  company,  why  should  not  all  our  states  have  the  same 
right?  The  restriction  from  the  words,  "and  in  cases,"  should  be 
expunged,  because  they  unsettle  the  intention  of  the  main  part  of 
the  clause. 

Governments  whose  financial  powers  are  little  restricted,  will 
always  be  made  use  of,  by  influential  parties,  for  their  speculations. 
The  constitution  should,  therefore,  be  drawn  up  with  a  view  to 
avoid  such  contacts,  ending  in  special  legislation,  log-rolling  laws, 
lobby  regimen,  debts,  bankruptcy,  repudiation,  etc.  Whoever  is 
against  such  governing  must  restrict  the  governments  to  the  care 
of  realizing  justice.  Formalities  for  legalizing  associations,  gen- 
eral laws  should  prescribe  for  the  guidance  of  the  courts  and  all 
in  concern.  The  constitution  steered  that  way,  but  stopped  before 
reaching  its  end. 

"2.  Dues  from  corporations  shall  be  secured  by  such  individual  liability 
of  the  corporators  and  other  means  as  may  be  prescribed  by  Law." 

Here  the  text  refers  to  a  special  law,  to  which,  rather,  the 
whole  clause  belongs. 


BANKING    CORPORATIONS.  265 

"  3.  The  term  corporations,  as  used  in  this  article,  shall  be  construed  to  in- 
clude all  associations  and  joint-stock  companies  having  any  of  thf  powers  or 
privileges  of  corporations  not  possessed  by  individuals  or  partnerships.  And 
all  corporations  shall  have  the  right  to  sue  and  shall  be  subject  to  be  sued  in 
all  courts  in  like  cases  as  natural  persons." 

This  is  doctrinal  and  not  constitutional. 

"  4.  The  legislature  shall  have  no  power  to  pass  any  act  granting  any  spe- 
cial charter  for  banking  purposes  ;  but  corporations  or  associations  may  be 
formed  for  such  purposes  under  general  laws." 

This  is  perfectly  right,  and  applicable  to  all  kinds  of  corporative 
business.  If  well  carried  out,  the  legislatures  remain  free  to  ex- 
ercise their  supervisory  power  without  being  in  the  least  concern- 
ed or  restricted  by  their  own  chartering.  The  legislator  should 
not  be  complicated  with  mere  ministerial  office  business. 

"  5.  The  legislature  shall  have  no  power  to  pass  any  law  sanctioning  in  any 
manner,  directly  or  indirectly,  the  suspension  of  specie  payments,  by  any  per- 
son, association,  or  corporation,  issuing  bank-notes  of  any  description." 

Perfectly  right,  nothing  would  be  more  unjust,  because  a  politi- 
cal bank  promises,  upon  the  faith  of  the  state,  to  pay  cash  for  its 
bills  of  credit  when  presented.  Any  deviation  from  this  constitu- 
tional policy  must  impair  the  credit  of  both  banks  and  state. 
Alas  !  when  in  1857,  the  banks  suspended  specie  payment  again, 
and  the  governor  declined  to  interfere,  the  judges  of  the  supreme 
court  stepped  in,  declaring  that  this  suspension  is  not  exactly  a 
refusal  to  pay,  or  an  indication  of  insolvency,  and  refused,  therefore, 
to  proceed  against  them,  as  requested.  This  was  generally  de- 
nounced as  an  assumption  of  undue  power.  The  clause  obviously 
wishes  to  place  the  political  banks  and  their  notes  as  secure  as 
possible.  When  the  judiciary  declares  that  the  refusal  of  the 
promised  specie  is  of  no  consequence,  it  unsettles  the  constitution, 
sports  with  the  credit  system,  destroys  confidence,  prostrates  the 
business,  and  places  the  banks  above  the  constitution  and  law, 
and  the  confiding  public  at  their  mercy.  This  is  more  than  a 
dangerous  precedent,  it  is  a  public  calamity.  If  those  judges 
were  appointed  during  good  behavior,  they  would  have  been,  no 
doubt,  removed,  when  thus  abusing  their  power.  The  question 
remains,  whether  they  would  then  have  acted  thus  ? 

The  management  of  our  public  money  affairs  reminds  one  of  a 
farmer,  who,  having  a  fine  breadth  of  land,  ordered  his  'headman 
to  plant  it  with  wheat.  This  done,  he  sent  another  man  out  to 

12 


266  MUNICIPAL   GOVERNMENT. 

sow  it  over  with  oats.  When  the  harvest  arrived  the  wheat  was 
gone  and  the  oats  not  worth  anything,  whereupon  came  the  crisis 
and  bankruptcy  of  the  farmer.  A  little  reflection  should  teach, 
that  people  who  establish  two  antagonistic  monetary  systems  —  the 
one  in  the  states,  the  other  in  the  Union  —  both  in  this  regard  the 
same  thing,  because  commerce  knows  no  political  boundaries,  act 
very  inconsistently.  We  can  not  make  one  and  the  same  busi- 
ness—  coining  money  —  at  the  same  time  national  and  municipal, 
without  producing  confusion  and  mischief.  Banks,  or  no  banks, 
make  no  difference.  If  such  a  hermaphrodite  monetary  system  is 
right,  then  we  may  also  have  state  navies,  although  expressly 
prohibited,  like  bills  of  credit,  by  chartering  companies,  as  we 
charter  banks,  to  build  them.  Good  that  it  would  be  an  unprofit- 
able affair,  otherwise  we  might  have  plenty  of  commodore  navies, 
with  the  help  of  ingenious  interpretation. 

"  6.  The  legislature  shall  provide  by  Lnv  for  the  registry  of  all  bills  or 
notes,  issued  or  put  in  circulation  as  money,  and  shall  require  ample  security 
for  the  redemption  of  the  same  in  specie." 

According  to  the  opinion  of  Daniel  Webster,  our  most  dis- 
tinguished constitutional  expounder,  this  section  is  against  clause  1, 
sect,  x.,  art.  I.,  of  the  federal  constitution,  for  it  is  the  cause  of  a 
real  state  paper-money.  If  a  bank  circulates  paper-money  under 
its  own  name,  it  is  private  money,  if  sanctioned  by  the  state  it  is 
political  or  public  money.  But  no  state  shall  circulate  money, 
neither  directly  nor  indirectly,  because  Congress  alone  has  to  pro- 
vide a  circulating  medium.  This  is  a  conflict  which  has  been, 
on  the  ground  of  a  judicial  interpretation,  waived  by  Congress 
up  to  this  time,  it  must  be  said,  to  the  great  disadvantage  of  the 
nation. 

"  7.  The  stockholders  in  every  corporation  and  joint-stock  association  for 
banking  purposes,  issuing  bank  notes  or  any  kind  of  paper  credits  to  circulate 
as  money,  after  the  first  day  of  January,  1850,  shall  be  individually  respon- 
sible to  the  amount  of  their  respective  share  or  shares  of  stock  in  any  such 
corporation  or  association,  for  all  its  debts  and  liabilities  of  every  kind,  con- 
tracted after  the  said  first  day  of  January,  1850." 

This  is  plain  and  just  enough,  but  does  not  belong  to  a  consti- 
tution. 

"  8.  In  case  of1  the  insolvency  of  any  bank  or  banking  association,  the  bill- 


BANKS   IN   GENERAL.  267 

holders  thereof  shall  be  entitled  to  preference  in  payment,  over  all  other 
creditors  of  such  bank  or  association." 

Belongs  to  a  bankrupt  law. 

By  allowing  banks  to  circulate  paper-money,  (about  two  hun- 
dred million  dollars  in  the  United  States),  it  is  done  on  the  suppo- 
sition that  the  public  will  borrow  it.  Thus  is  created  what  is 
called  a  credit  system.  By  this  operation  the  industrious  forces 
are  artificially  stimulated  toward  trading,  speculating,  and,  per- 
haps, manufacturing,  to  the  disadvantage  of  agriculture.  Hence 
our  cities  grow  fast  in  population,  and  the  agricultural  towns  hardly 
any  at  all.  Immense  tracts  of  land  in  the  vicinity  of  the  greatest 
thoroughfares  and  most  populous  cities  in  the  state  of  New  York 
remain  uncultivated.  According  to  the  census  of  1850,  it  appears 
that  Queens  county,  Long  Island,  comprises  one  hundred  and  twen- 
ty-three thousand  three  hundred  and  sixty  acres  of  improved,  and 
forty-six  thousand  two  hundred  and  eighty-six  of  unimproved 
land,  and  Suffolk  county  one  hundred  and  forty-three  thousand 
six  hundred  and  thirteen  acres  improved,  and  two  hundred  and 
ten  thousand  two  hundred  and  ninety-two  of  unimproved  land. 
This  shows  that  a  resistless  force  draws  man  from  agricultural 
pursuits  even  in  the  vicinity  of  the  best  market.  This  force  is 
the  credit  system,  supported  by  banks  with  paper-money  circula- 
tion ;  because  it  induces  man  to  believe  that  it  is  the  panacea  and 
philosopher's  stone  which  makes  him  rich  without  labor.  Such 
stimulation  and  intoxication,  in  a  free  society  like  ours,  must  be 
injurious  to  the  regular  course  of  business  and  business  habits. 
It  .creates  reckless  industrial  fillibusters,  who  never  think  of  the 
golden  rule  of  the  celebrated  Virginian,  "  pay  as  you  go,"  which 
may  be  considered  the  true  panacea  of  dull  times,  panics,  and  crise3. 

The  well-known  machinery  of  modern  banks  of  issue,  and  of 
the  credit  system,  is,  in  the  ma'in,  the  art  of  making  money  by 
debts,  on  state  authority.  Some  men  of  property  lend  money  to 
the  state  on  interest;  whereupon  they^get  permission  from  the 
state  in  debt  to  issue  as  large  an  amount  in  notes  as  the  state  has 
promised  to  pay  them,  which  they  loan  to  others  on  interest. 
Then  they  take  deposits,  for  which  they  pay  no  interest,  which, 
however,  they  lend  again  on  interest,  always  taking  care  that  the 
borrowers  get  the  bank-notes,  while  the  bankers  dispose  of  the 
metal-money  in  the  market  to  all  who  pay  the  highest  price  for  it. 


268  MUNICIPAL   GOYERNMENT. 

By  thus  making  money  out  of  money,  all  depends  naturally  upon 
credit,  that  is,  upon  the  belief  of  the  borrower  that  the  bankers 
are  able  to  pay  his  debts  to  their  bill-holders  and  depositors,  and 
that  of  the  bankers  that  their  debtors  are  able  to  pay  on  demand, 
in  cash.  But  as  they  seldom  or  never  have  any  cash,  and  in  the 
main  only  promissory  notes,  it  is  obvious  that  this  credit  is  a  mere 
illusion,  and  must  terminate  in  panics  and  crises  as  soon  as  the 
real  squaring  of  accounts  begins. 

The  mechanical  art  which  produces  a  fine  durable  paper  and 
print,  has  supported  this  roundabout  debt-making  or  credit  system 
vastly.  It  is  disgraceful  in  a  society  under  a  government  of  law, 
because  this  is  supposed  to  rest  mainly  on  morals,  principles  not 
discernible  in  this  credit  system. 

"Debt-money"  says  Hunt's  Merchant's  Magazine,  "  is  an  eternal 
falsehood,  and  the  New  York  state-banking  system  the  highest 
phase  and  refinement  of  the  falsehood."  Such  money  raises  arti- 
ficially the  prices  of  merchandise,  bread,  and  labor,  and  lowers 
the  value  of  gold  and  silver,  which  is  then  bought  and  exported. 
It  supports  the  laboring  masses  in  Europe  by  stimulating  impor- 
tation, to  the  injury  of  our  home  industry. 

While  this  paper-money  'credit  system  easily  produces  on  one 
hand  general  mercantile  derangements,  it  renders  on  the  other  hand 
a  stable  financial  management  of  the  federal  government  almost  im- 
possible. You  know  that  the  main  source  of  the  income  of  Congress 
is,  indirect,  from  customs.  Now  who  has  the  power  to  derange  com- 
merce, has  the  power  to  cut  off  the  customs  and  deplete  the  com- 
mon treasury.  This  explains  why  Congress  borrows,  at  present, 
in  time  of  peace,  millions  for  the  support  of  the  common  govern- 
ment, which  really  means  that  the  whole  nation  has  to  fill  up  the 
gap  caused  by  the  paper-money  credit-system  crisis.  Therefore, 
as  long  as  the  states  indulge  in  such  things,  a  correct  estimate  of 
the  revenues  from  the  customs,  and  of  the  income  of  the  common 
treasury,  is  out  of  the  question.  And  here  you  see  again  what  an 
immense  difference  there  is  between  the  words  national  and  muni- 
cipal. The  monetary  affairs  in  regard  to  coin,  standard,  and  cir- 
culation are  national,  not  municipal,  as  you  know  from  the  federal 
constitution,  and  no  other  than  a  national  currency  should  cir- 
culate. 

The  financial  events  of  1857,  nothing  but   revivals  of  prior 


CREDIT   SYSTEM.  269 

commercial  revulsions  tracing  their  origin  to  England,  prove  again 
that  the  framers  of  the  federal  constitution  understood  their  task 
and  the  true  principles  of  political  economy  better  than  their  suc- 
cessors, by  abstracting  from  all  so-called  credit  systems  and  financial 
commercial  experiments,  and  placing  upon  the  solid  basis  of  liberty 
and  justice,  the  national  industry,  commerce  included.  It  is  mere 
infatuation  to  believe  for  a  single  minute  that  the  material  progress 
of  our  nation  rests  upon  another  or  better  basis.  Those  who 
substitute  state-bank  paper-money  do  all  in  their  power  to  coun- 
teract the  effect  of  the  federal  constitution  and  the  blessings  of 
our  Union  at  home  and  abroad.  American  investments  would  be 
eagerly  sought  for  by  intelligent  people  in  all  parts  of  the  world, 
if  we  had  never  seen  a  single  dollar  of  debt-money ;  for  there 
would  be  no  nation,  no  state,  surpassing  ours  in  solid  credit.  The 
state  paper-credit  system  is  the  greatest  enemy  of  the  true  pro- 
gress and  substantial  wealth  and  welfare  of  this  nation.  It  is 
nonsense  to  believe  that  there  can  be  wealth  represented  by  money 
without  labor  and  industry.  Whether  industrious  people  have 
mines  or  not,  makes  no  difference ;  they  will  always  attract  and 
command  so  much  wealth,  represented  by  money,  as  their  industry 
is  really  worth,  and  enjoy  a  world-wide  firm  credit ;  while  on  the 
other  hand  mountains  full  of  gold  and  silver  and  Wall-streets  full  of 
paper  money  can  not  prevent  a  lazy,  indolent,  and  unpractical  peo- 
ple like  the  Mexicans  from  sinking  into  utter  ruin  and  insignificance. 
As  some  of  the  states  have  already  fairly,  as  in  duty  bound, 
adopted  the  policy  of  the  federal  constitution  and  prohibited  the 
circulation  of  bills  of  credit  of  state  bank-paper  money,  to  their 
great  benefit  and  honor,  it  is  to  be  hoped  that  soon,  very  soon,  the 
rest  will  follow  and  carry  out  their  own  supreme  law  of  the  land. 
There  is  no  better  credit  system  in  the  world,  and  never  will  be, 
than  that  which  is  the  product  of  industrial  liberty  and  justice; 
and  this,  as  I  have  repeatedly  said,  has  given  us  this  great  funda- 
mental law,  the  patent  of  our  nationality.  It  has,  in  this  regard, 
been  misunderstood  by  the  judiciary,  supporting  as  it  is  by  a  weak 
amaurotic  interpretation  or  quibble,  the  st;iie  bank-paper  money. 
I  write  this  without  the  least  intention  to  reflect  upon  the  private 
business  of  banking.  The  fault  is  not  with  the  banks  and  bank- 
ers, but  the  politicians,  desiring  to  be  teachers  of  the  law,  "  un- 
derstanding neither  what  they  say  nor  whereof  they  affirm." 


270  MUNICIPAL   GOVERNMENT. 


LETTER    XV. 

Cities.  —  Villages.  —  History.  —  Supcrceded  by  a  Judicious  Organization  of 
Towns  and  Counties.  —  Saving  of  Taxes. 

LET  us  read  on. 

"  9.  Tt  shall  be  the  duty  of  the  legislature  to  provide  for  the  organization 
of  cities  and  incorporated  villages,  and  to  restrict  their  power  of  taxation,  as- 
sessment, borrowing  money,  contracting  debts,  and  loaning  their  credit,  so  as 
to  prevent  abuses  in  assessments  and  in  contracting  debt  by  such  municipal 
corporations." 

Behind  those  eight  sections  on  banks,  you  find  this  short  provi- 
so concerning  the  organization  of  cities  and  villages — -mere  anom- 
alies—  but  to  the  organization  of  the  counties  and  towns  this  very 
verbose  and  explicit  constitution  has  not  devoted  two  entire  lines ; 
just  as  if  banks  and  similar  corporations  were  more  important 
in  political  regard,  than  those  political  districts  in  which  the  pub- 
lic business,  mostly  is  performed. 

Mutual  protection  and  chance  of  business  induced  men,  in  an- 
cient times,  to  crowd  together  in  favorable  localities.  Business  is 
still  the  mother  of  cities  and  villages,  but  civilization  does  not  re- 
quire it  more  for  protection.  We  have  no  more  roving  and  rob- 
bing tribes  and  barons,  the  cause  which  induced  people  and  gov- 
ernment to  crowd  in  cities  together  and  make  them  secure  by  for- 
'tifications.  Our  policy  at  present  should  be  to  facilitate  not  at  all 
by  law  the  formation  of  cities  and  villages,  because  the  latter  are 
but  small  cities,  and  the  first  invariably  centers  of  mischief  and 
mobs,  and  not  always  homes  of  good  sciences,  wholesome  arts, 
and  exemplary  morals,  and  therefore  difficult  to  manage.  Civili- 
zation is  now  not  local  but  universal ;  a  free  press  and  liberty  of 
industry  in  general  have  set  up  in  every  house  a  college,  in  every 
town  a  Paris,  and  promoted  in  every  county  as  much  culture  as 
formerly  were  the  boast  of  capitals,  metropolises,  and  empires. 
Even  business  ceases  to  be  building  up  cities  at  present,  because 
railroads  and  steamers  facilitate  a  separation  of  residence  and 
office  in  many  instances. 


CONSOLIDATION.  271 

When  influential  speculators  and  their  newspapers  insist  upon 
the  consolidation  of  cities,  as,  Boston,  and  Charlestown,  and  Rox- 
bury  ;  or  New  York  and  Brooklyn  ;  or  Troy  and  Lansingburgh  ; 
and  achieve  them,  as  in  the  case  of  Brooklyn  and  Williamsburgh, 
Philadelphia,  etc.,  they  mistake  politics  and  the  best  interests  of 
society  entirely.  The  legislatures  which  support  and  sanction 
such  consolidations  purposely  demoralize  society  by  increasing  ar- 
tificially, the  difficulty  of  ruling  it. 

This  clause  has  not  exercised  any  good  influence  upon  the  ad- 
ministration of  the  cities.  They  are  all  in  difficulties  in  regard  to 
finances,  safety,  and  order.  The  defective  administration  of  New 
York  city  requires  sixteen  millions  of  dollars,  all  told,  while  the 
expenses  of  the  well-governed  kingdom  of  Saxony  amounts  to  only 
seven  millions.  But  this  state  of  things  prevails  not  alone  in  New 
York.  Providence,  in  Rhode  Island,  with  forty  thousand  inhab- 
itants, increasing  in  eight  years  about  ten  per  cent,  had,  during 
this  time,  an  increase  of  expenses  at  the  rate  of  three  hundred 
per  cent,  and  of  debts  more  than  four  hundred  per  cent.  For  the 
last  two  years  the  excess  of  expenditures  over  tax  assessed  is 
$518,000.  It  is  obvious,  then,  that  the  reform  of  such  evils  must 
begin  with  the  business  and  business  districts.  The  axiom  of  one 
of  the  best  statesman  of  our  age,  Jefferson,  viz.,  "  that  govern- 
ment is  the  best  which  governs  least,''  is  only  applicable  to  a  soci- 
ety whose  business  districts  are  of  the  right  size.  As  those  over- 
grow, the  government's  business,  expenses,  taxes,  debts,  and  diffi- 
culties will  increase  proportionately,  notwithstanding  all  constitu- 
tions and  axioms  of  the  best  men  to  the  contrary.  Still  this  clause 
is  laudable  because  it  has  been  dictated  by  a  sense  of  economy. 
The  current  practice,  however,  differs  from  it. 

People  therefore,  when  called  upon  to  vote  upon  consolidations 
of  towns  or  cities,  which  are  not  decreasing  in  population,  should 
invariably  vote  against  it. 


272  MUNICIPAL   GOVERNMENT. 


LETTER   XVI. 

Education.  — Funds.  —  Instruction.  —  Communes.  —  Girard.  —  Peabody.  — 
Cooper. — Popular  Education.  —  Popular  Sovereignty. 

You  may  be,  perhaps,  surprised  by  the  head  of  the  following 
article,  because  education  proper  is  a  strange  subject  for  a  consti- 
tution. But  let  us  see. 

ARTICLE    IX. 

Education. 

"1.  The  capital  of  the  common  school  fund,  the  capital  of  the  literature 
fund,  and  the  capital  of  the  U.  S.  deposit  fund  shall  be  respectively  preserved 
inviolate.  The  revenue  of  the  said  common  school  fund  shall  be  applied 
to  the  support  of  common  schools ;  the  revenues  of  the  said  literature  fund 
shall  be  applied  to  the  support  of  academies,  and  the  sum  of  $25,000  of  the 
revenues  of  the  U.  S.  deposit  fund  shall  each  year  be  appropriated  to  and 
make  a  part  of  the  capital  of  the  said  common  school  fund." 

Why  this  article  is  headed  "  education,"  instead  of,  perhaps, 
"financial,"  I  can  not  say.  The  funds  in  question  have  been 
formed  by  special  laws,  which,  of  course,  should  never  be  vio- 
lated by  the  legislature,  as  I  remark  again,  and  are  to  be  man- 
aged accordingly.  .  Is  it  sound  doctrine  to  have  such  funds  in  our 
country  ?  The  schooling  or  instruction  of  the  young  is  not  a  po- 
litical, but  a  simple  domestic  family  affair,  either  taken  care  of  by 
nurses,  mothers,  fathers,  guardians,  or  by  others  engaged  or  ap- 
pointed by  them.  Town-districts,  often  also  called  communes, 
have  been,  all  over  the  world,  since  time  immemorial,  made  use 
of  for  the  organization  of  schools ;  and  those,  therefore,  placed 
under  the  surveillance  of  the  town  officials,  just  as  everything 
else  of  a  little  common  interest,  viz.,  streets,  fences,  brooks,  rivers, 
commons,  pastures,  sidewalks,  taverns,  hotels,  etc.,  and  ruled  by 
town  resolves,  by-laws,  customs,  etc.  Church  organizations  often 
helped,  also,  to  foster  schools,  but  the  state  institution  proper  had 
nothing  to  do  with  it.  Thus  the  money  for  schooling  went  di- 
rectly from  the  pockets  of  the  parents  into  those  of  the  teachers. 


COMMON  SCHOOLS.  273 

Such  schools  were  called  commune  or  common,  or  town  or  public 
schools.  These  schools  can  be  made  very  good,  without  the  least 
interference  of  the  legislature,  provided  that  there  are  well-or- 
ganized towns.  Of  course,  the  money  constituting  these  funds 
comes  from  the  people,  where,  if  left,  it  would  produce  hundred- 
fold interest ;  while,  as  permanent  funds  in  the  hands  of  state  of- 
ficials, who,  according  to  the  constitution,  seem  to  be  not  always 
trustworthy,  for,  otherwise,  this  law  would  not  so  often  speak 
about  good  faith,  or  violation  of  trust,  they  can  not  bring  more 
than  seven  per  cent.,  but  never  will  bring  that.  Excuse  me  if  I 
write  about  such  things.  I  would  not  do  it,  if  such  funds  gave 
no  chance  for  corruption,  according  to  the  daily  reports.  It  is 
natural  that  all  business  of  this  kind,  as  schools,  sciences,  litera- 
ture, arts,  etc.,  if  connected  with  the  state,  must  partake  of  the 
predominant  political  character  of  the  party  in  power.  In  a  mon- 
archy, all  these  things  will  be  tinged  with  the  policy  of  the  court ; 
in  a  republic,  every  party  in  power  will  try  to  gain  influence  upon 
them.  Whoever  is  paid  by  the  state  is  a  state  official,  and  must 
accordingly  rule  himself.  History  proves  that,  in  spite  of  the  Bible 
and  everything  sacred  about  our  religion,  the  clergy  depending 
upon  the  state  are  grasping  at  undue  power,  and  we  have,  there- 
fore dissolved  this  connexion.  Still  we  make  now  the  teachers 
state  officials.  Are  they  and  clergymen  not  of  the  same  human 
kind  ?  In  Europe,  with  a  very  few  exceptions,  sciences  and  arts 
are  under  political  surveillance.  Professors,  savans,  and  writers 
are,  especially  when  in  the  pay  of  the  governments,  so  closely 
guarded  that  their  products  bear  the  stamp  of  political  partiality, 
more  or  less.  We  should,  therefore,  never  pay  much  attention  to 
their  school,  university,  and  similar  expedients  to  raise  subservient 
scholars.  To  speak  in  sober  earnest  of  education  proper,  as  a 
political  affair  intrusted  to  politicians,  is  too  curious  a  thing  to 
dwell  upon.  There  is  no  better  board  of  education  than  the 
family.  But  the  poor !  the  poor !  Well,  our  present  common 
school  system,  created  by  state  laws,  is  positively  not  calculated 
to  benefit  the  real  poor  people,  but  that  class  generally  well  able 
to  pay  teachers. 

The  city  of  New  York  pays  more  than  one  million  dollars 
for  common  schools,  normal  schools,  a  free  academy,  etc.,  and, 
in  1857,  there  were  60,000  children  not  attending  any  school  at 

12* 


274  MUNICIPAL   GOVERNMENT. 

all,  and  of  those  in  the  18th  ward  alone  2,631,  among  them  1,340 
born  Americans.  For  these  children  charitable  ladies  have  estab- 
lished schools.  The  same  happens  in  all  towns.  The  present  ar- 
tificial, expensive  system  does  not  work  better  than  the  cheap, 
natural  management  carried  out  by  families.  The  public  morals 
now  are  rather  worse  than  they  were  in  the  period  before  the 
system  was  adopted.  It,  too,  interferes  with  charity  and  generous 
liberality.  There  are  a  great  number  of  wealthy  men  among  us 
who  seem  not  to  know  how  to  spend  their  money ;  or,  when  ar- 
rived at  the  goal,  how  to  dispose  of  their  earthly  treasure.  As 
charity  helps  the  poor  children,  so  would  wealthy  men,  if  not  in- 
terfered with  by  the  state,  help  the  schools  in  general.  The  lib- 
eral acts  of  Girard,  Peabody,  Cooper,  and  so  many  others,  are 
proofs  of  what  I  am  going  to  say.  Also,  in  this  regard,  emula- 
tion and  competition  are  powerfully  at  work.  Education  is  the 
work  of  families.  What  errors  are  committed  in  families,  no 
school  will  easily  eradicate,  no  science  remedy.  Too  often  rather 
is  a  son,  well  educated  by  a  mother,  spoiled  in  public  institutions  ! 
Neither  schools  nor  sciences  mould  the  character  of  men.  I  think 
that  this  article  is  superfluous  in  a  constitution. 

The  inventive  genius  of  our  politicians  enriches,  from  time  to 
time,  our  language  with  new  phrases,  which  serve  them  in  their 
party  warfare  as  weapons.  What  all  the  world,  besides  ourselves, 
has  called  common  schools  or  public  instruction,  that  they  call  now 
"  popular  education."  I  admit  that  people  have  a  right  to  mould 
their  own  language,  that  words  become  sometimes  uncurrent,  and 
that  the  general  use  decides  upon  their  value.  Still,  if  phrases 
are  manufactured  for  party  purposes,  the  opponents  must  enjoy 
the  privilege  to  examine  them.  I  deny  that  there  exists  such  a 
thing  as  popular  education,  in  the  proper  sense  of  these  words. 
If  we  have  to  attribute  to  families,  and  especially  to  the  mothers, 
the  care  of  the  education  of  the  young,  then  each  family,  each 
mother  will  and  ought  to  pursue  their  own  peculiar  course  or  sys- 
tern  ;  a  fact  which  at  once  excludes  the  idea  of  a  popular  educa- 
tion—  that  is,  an  education  of  the  whole  people,  by  the  families, 
according  to  uniform  laws.  This  is,  no  doubt,  an  absurdity.  But, 
if  this  phrase  is  tantamount  to  public  or  common  instruction,  then 
our  legislatures,  by  meddling  with  it,  plainly  interfere',  as  they, 
alas !  so  often  do,  with  the  very  old  and  good  right  of  towns  or 


POPULAR   SOVEREIGNTY.  275 

communes,  to  make  the  needful  arrangements  for  the  instruction 
of  children  as  they  please.  It  is  repugnant  to  the  principle  of 
self-government,  that  a  government  in  free  society  should  be  hound 
to  provide  funds  for  common  town-schools,  or  make  laws  for  their 
organization,  school-books,  etc.  If  the  teachers  and  freemen  in 
the  towns  are  not  able  to  do  this  without  state  interference,  the 
sooner  the  republican  form  of  government  is  abandoned  the  bet- 
ter. Says  a  teacher  of  one  of  the  public  schools  in  New  York, 
Mr.  Stewart,  in  a  public  meeting  of  teachers :  "  Our  present 
school-system  was  admirable  at  the  time  it  started,  but  it  is  now 
the  contrary.  It  was  based  on  a  pauper  system  of  education  (in- 
struction), which  is  not  in  any  way  adapted  to  the  present  day. 
Our  present  school-system  is  miserably  detrimental  in  its  effects 
upon  the  mental,  moral,  and  physical  qualifications  of  the  youth 
of  our  city.  Now,  at  the  present  time,  the  school  system  costs 
the  people  of  New  York  considerably  over  $1,000,000  annually, 
and  it  is  likely,  before  long,  to  cost  $1,500,000,  or  even  more." 
These  results  are  the  fruits  of  state-meddling  with  town  (city, 
village)  business. 

Being  engaged  in  discussing  political  cant-phrases,  I  add  here 
a  few  words  on  that  of  "  popular  sovereignty"  or  "  squatter  sov- 
ereignty," taking,  for  the  sake  of  convenience,  the  words  popular 
and  squatter  for  synonyms.  I  also  say,  that  there  exists  no  such  a 
thing  as  popular  sovereignty  in  the  United  States,  because  it  im- 
plies direct  legislation  by  the  people,  as  in  the  beginning  of  Mary- 
land or  ancient  Greece,  but  not  in  vogue  at  present.  People  may 
be  independent  and  free,  but,  on  this  account,  are  not  sovereigns 
in  the  proper  sense  of  the  word,  because  they  are  not  legislators. 
The  act  of  voting  or  electing  is  not  a  result  of  sovereignty,  but  of 
organized  civil  liberty.  There  is  no  nation  in  the  world,  the  Rus- 
sians and  Turks  included,  without  possessing  more  or  less  of  this 
liberty,  and,  consequently,  without  some  voting  or  electing.  They 
elect  not  always  their  governments,  as  kings,  etc.,  but  these  rule 
notwithstanding,  with  the  tacit  or  presumptive  general  consent  of 
the  people,  for,  otherwise,  they  would  not  be  able  to  maintain 
themselves  at  all.  In  this  connection,  you  will  remember  that 
sovereigns,  that  is  those  that  represent  and  legislate  for  society, 
are  either  lorn  or  elected;  the  first  happens  in  monarchies,  the 
latter  in  republics ;  but  in  constitutional  monarchies,  also,  the 


276  MUNICIPAL   GOVERNMENT. 

legislatures  are,  for  the  most  part,  elected,  and  that  all  those  offi- 
cers who  execute  the  laws  of  the  state  and  act  in  its  name,  as 
judges,  clerks,  military,  etc.,  are  appointed.  I  try  to  be  as  plain 
and  explicit  as  possible  in  this  regard,  because  there  are  confused 
ideas  afloat  about  these  things,  which,  if  they  enter  party  disputes 
and  constitutions,  cause  much  mischief.  Those  who  make  the 
judiciary  and  other  administrative  officials  elective  labor  under 
such  ideas. 


LETTER    XVII. 

Local  Officers.  —  Sheriffs'  Clerks.  —  County,  City,  Town,  and  Village  Offi- 
cers. —  Their  Election.  —  Vacancies.  —  Political  Year.  —  Removal.  — 
Vacant  Offices.  —  Metropolitan  Police  Law. 

THE  following  article,  akin  of  the  seventh,  seems  to  contradict, 
in  some  measure,  Avhat  I  have  said  before  about  the  little  care  be- 
stowed upon  the  organization  of  counties  and  towns  by  the  consti- 
tution ;  but  let  us  see. 

ARTICLE    X. 

Local  Officers. 

"I.  Sheriffs,  clerks  of  counties,  including  the  register  and  clerk  of  the 
city  and  county  of  New  York,  coroners  and  district  attorneys,  shall  be  chosen 
b}f  the  electors  of  the  respective  counties,  once  in  every  three  years,  and  as 
often  as  vacancies  shall  happen.  Sheriffs  shall  hold  no  other  office,  and  be 
ineligible  for  the  next  three  vears  after  the  termination  of  their  offices.  They 
may  be  required,  by  law,  to  renew  their  security,  from  time  to  time ;  and  in 
default  of  giving  such  new  security,  their  offices  shall  be  deemed  vacant 
But  the  county  shall  never  be  made  responsible  for  the  acts  of  the  sheriff. 

"  The  governor  may  remove  any  officer,  in  this  section  mentioned,  within 
the  term  for  which  he  shall  have  been  elected ;  giving  to  such  officer  a  copy 
of  the  charges  against  him,  and  an  opportunity  of  being  heard  in  his  defence." 

Here  we  make  the  acquaintance  of  a  number  of  subaltern  clerks 
or  officials, '"originally  to  be  appointed  by  the  courts  or  boards  to 
whom  they  belong,  or  by  the  respective  executive  and  legislative 
bodies.  The  sheriff  is  the  judicial  county  executive,  and  should 
be  appointed  like  the  county  judiciary.  You  may  compare  with 
it  the  last  sentence  in  art.  II.,  sect,  ii.,  clause  2,  of  the  federal 


LOCAL  -OFFICERS.  277 

constitution.  Something  like  that  would  also  answer  for  a  state 
constitution. 

Who  are  at  present  the  electors?  —  the  citizens  who  are  called 
so  ?  Not  exactly  ;  for,  according  to  the  usual  party  management 
of  elections,  the  party  nominating  committees  or  conventions, 
which  present  the  candidates  to  the  electors,  are  the  real  ap- 
pointers  of  the  functionaries,  and  the  voting  of  the  electors  itself 
a  mere  matter  of  form  or  ratification.  These  committees,  of 
course,  have  their  own  policies  and  interests.  The  more  offices 
there  are  in  the  market,  the  more  importance  acquire  these  com- 
mittees, and,  of  course,  the  more  bargains  will  occur.  This  invaria- 
bly must  terminate  in  utter  corruption.  If  we  now  throw  out  of 
the  elections  all  clerical  offices,  as  I  have  suggested  repeatedly,  a 
great  source  of  public  corruption  will  be  dried  up  at  once,  the  po- 
litical machinery  simplified,  and  the  pernicious  influence  of  par- 
ties checked.  We  can  not  be  without  parties,  but  should  not  pur- 
posely educate  bad  parties.  This  we  do  by  the  present  elective 
system. 

It  seems  to  be-against  justice  to  exempt  the  counties  from  re- 
sponsibily  for  the  acts  of  their  officials.  Who  else  shall  be  re- 
sponsible ?  The  subalterns  or  clerks  should  be  amenable  or  re- 
sponsible to  those  who  appoint  them.  The  sheriff  should  be  re- 
sponsible to  the  county  overseer  and  supervisors,  who  should  ap- 
point them.  If  those  authorities  should  neglect  their  duty,  then 
comes  the  turn  of  the  governor  to  see  that  the  laws  are  executed. 

"  2.  All  county  officers,  whose  election  or  appointment  is  not  provided  for 
by  this  constitution,  shall  be  elected  by  the  electors  of  the  respective  counties, 
or  appointed  by  the  boards  of  supervisors,  or  other  county  authorities,  as  the 
legislature  shall  direct.  All  city,  town,  and  village  officers,  whose  election 
or  appointment  is  not  provided  for  by  this  constitution,  shall  be  elected  by 
the  electors  of  such  cities,  towns,  and  villages,  or  of  some  division  thereof,  or 
appointed  by  such  authorities  thereof  as  the  legislature  shall  designate  for 
that  purpose.  All  officers,  whose  election  or  appointment  is  not  provided  for 
by  this  constitution,  and  all  officers  whose  offices  may  hereafter  be  created 
by  law,  shall  be  elected  by  the  people,  or  appointed  as  the  legislature  may 
direct." 

This  seems  to  be  a  pretty  exclusive  proviso,  but  is  vague  withal. 
If  the  constitution  contains  the  necessary  provisoes  for  the  or- 
ganization and  government  of  counties  and  towns  (cities  and  vil- 
lages), and  gives  them  the  appointment  of  the  subaltern  clerks, 


278  MUNICIPAL   GOVERNMENT. 

all  will  be  clear,  and  such  disputes  as  that"  about  the  right  of  the 
legislature  to  establish  a  new  state  police-district  for  four  counties 
can  not  happen.  The  police  business  is  and  ever  will  be  local, 
and,  of  course,  belonging  to  towns.  No  state,  no  county,  ever  can 
be  in  need  of  a  policeman  or  constable  if  there  are  towns  organ- 
ized (cities  and  villages).  If  a  constitution  ordains  that  the 
towns  (cities,  villages)  shall  elect  and  appoint  their  town  officials, 
policemen  included,  it  ordains  implicitly  that  nobody  else  shall 
do  it,  neither  the  county  nor  state,  or  an  arbitrary  paper  district  of 
two,  three,  or  four  counties.  If  constitutions  are  not,  by  the  com- 
petent courts,  interpreted  in  this  manner,  they  are  positively  not 
to  be  depended  on. 

The  constitution  ordains  that  there  shall  be  a  court  of  appeals. 
Well,  if  now  a  legislature,  in  favor  of  two  or  a  dozen  such  courts, 
should  create  them,  because  the  constitution  did  not  expressly  for- 
bid the  establishing  of  more  than  one,  all  would  at  once  cry  out 
that  this  was  a  wicked  quibble  —  a  false  interpretation;  still  the 
metropolitan  police  law  rests  upon  no  better  ground.  It  is  a  bold 
encroachment  upon  this  proviso.  Washington. utters  pithy  words 
on  such  acts  in  his  Farewell  Address. 

"  3.  When  the  duration  of  any  office  is  not  provided  by  this  constitution, 
it  may  be  declared  by  law,  and  if  not  so  declared,  such  office  shall  be  held 
during  the  pleasure  of  the  authority  making  the  appointment. 

"  4.  The  time  of  electing  all  officers  named  in  this  article  shall  be  pre- 
scribed by  law." 

This  is  matter  of  course.  A  similar  proviso  like  that  in  sect.  iv. 
is  contained  in  sect,  xviii.,  art.  VI. 

"  5.  The  legislature  shall  provide  for  filling  vacancies  in  office,  and  in  case 
of  elective  officers,  no  person  appointed  to  fill  a  vacancy  shall  hold  his  office 
by  virtue  of  such  appointment  longer  than  the  commencement  of  the  politi- 
cal year  next  succeeding  the  first  annual  election  after  the  happening  of  the 
vacancy. 

"6.  The  political  year  and  legislative  term  shall  begin  on  the  first  day  of 
January,  and  the  legislature  shall  assemble  on  the  first  Tuesday  in  January, 
unless  a  different  day  may  be  appointed  by  law. 

"  7.  Provision  shall  be  made  by  law  for  the  removal  for  misconduct  or 
malversation  in  office  of  all  officers  (except  judicial)  whose  powers  and  duties 
are  not  local  and  legislative,  and  who  shall  be  elected  at  general  elections, 
and  also  fur  supplying  vacancies  created  by  such  removals. 

"  8.  The  legislature  may  declare  the  cases  in  which  any  office  shall  be 
deemed  vacant,  where  no  provision  is  made  for  that  purpose  in  this  con- 
stitution." 


MILITIA.  279 

All  these  provisoes  do  not  deserve  exactly  a  place  in  a  consti- 
tution. It  may  suit  a  later  legislature  better  to  begin  the  politi- 
cal year  a  couple  of  weeks  before  the  session,  in  order  to  get  the 
message  and  reports  complete  in  season. 

All  these  details  are  objects  of  special  legislation  or  routine. 

The  head  of  this  article  should  have  taught  caution  and  dis- 
cretion to  the  framers  of  the  constitution  and  the  originators  of 
the  metropolitan  police  law  ;  and  this  case,  in  particular,  should 
teach  how  much  depends  upon  a  well-informed  and  honest  ju- 
diciary in  a  republic. 


LETTER    XVIII. 

Militia.  —  Religious  Denominations. —  Higher  Law.  —  Appointment  of  offi- 
cers. —  Major-Generals.  —  Commissary-General.  —  Commission. 

THE  god  Mars  rules  not  only  in  Europe  supremely,  but  also 
in  the  state  of  New  York. 

ARTICLE    XI. 

Militia. 

"  1.  The  militia  of  this  state  shall  at  all  times  hereafter,  be  armed  and  dis- 
ciplined, and  in  readiness  for  service;  but  all  such  inhabitants  of  this  state, 
of  any  religious  denomination  whatever,  as  from  scruples  of  conscience  may 
be  averse  to  beai'ing  arms,  shall  be  excused  therefrom,  upon  such  condition 
as  may  be  prescribed  by  law." 

Compare  this  article  and  its  six  clauses  with  the  few  simple  lines 
in  the  federal  constitution,  concerning  the  army  and  navy  and 
common  defense  of  the  United  States,  and  you  will  judge  for 
yourself  that  most  of  it  does  not  belong  to  the  constitution,  but  in 
a  statute  book  or  one  of  mere  regulations.  A  simple  constitution- 
al proviso,  that  the  militia  of  the  state  of  New  York  shall  be  or- 
ganized in  conformity  with  the  laws  of  Congress,  would  be  sufficient 
for  all  practical  purposes.  Also  the  scruples  mentioned  here  should 
never  be  made  manifest  in  a  constitution.  It  reflects  upon  sects 
and  has  a  smack  of  higher  law  reveries  and  their  approval,  which 
is  entirely  wrong. 

"2.  Militia  officers  shall  be  chosen  or  appointed  as  follows  :  captains,  Subal- 
terns, and  non-commissioned  officers  shall  be  chosen  by  the  written  votes  of 


280  MUNICIPAL   GOVERNMENT. 

members  of  their  respective  companies.  Field  officers  of  regiments  and  sep- 
arate battalions,  by  the  written  votes  of  the  commissioned  officers  of  the  re- 
spective regiments  and  separate  battalions ;  brigadier-generals  and  brigadier-in- 
spectors by  the  field  officers  of  their  respective  brigades  ;  major-generals, 
brigadier-generals,  and  commanding  officers  of  regiments  or  separate  battal- 
ions, shall  appoint  the  staff  officers  to  their  respective  divisions,  brigades,  reg- 
iments, or  separate  battalions." 

From  time  to  time  different  modes  of  appointment  may  be  re- 
quired. But  —  I  ask  —  why  not  entrust  the  election  of  field  offi- 
cers to  the  common  militiamen,  if  the  same  men,  as  citizen,  may 
be  intrusted  with  the  election  of  county  judges,  supreme  judges, 
members  of  court  of  appeals,  comptrollers,  engineers,  governors, 
etc.  ?  Is  not  a  judge  of  the  supreme  court,  as  it  is  at  present  or- 
ganized, a  much  more  important  and  responsible  officer,  than  a 
harmless,  however  martial,  major  of  the  militia  ? 

"3.  The  governor  shall  nominate,  and  with  the.  consent  of  the  senate,  ap- 
point all  major-generals,  and  the  commissary-general.  The  adjutant-general 
and  other  chiefs  of  staff  departments  ;  and  the  aides-de-camp  of  the  corn- 
man  dcr-in-chief  shall  be  appointed  by  the  governor,  and  their  commissions 
shall  expire  with  the  time  for  which  the  governor  shall  have  been  elected. 
The  commissary-general  shall  hold  his  office  for  two  years.  He  shall  give 
security  for  the  faithfnl  execution  of  the  duties  of  his  office,  in  such  manner 
and  amount  as  shall  be  prescribed  by  law. 

This  proviso  is  a  very  sensible  one,  because  it  gives  to  the  gov- 
ernor the  appointment  of  all  major-generals,  and  the  powerful 
commissary-general  too.  Would  it  not  now  be  equally  sensible, 
and  indeed  wise,  to  let  him  also  appoint  all  real  state  officers,  viz., 
those  of  the  court  of  appeals,  and  supreme  courts,  provided  the 
latter  are  needed  ?  The  citizen  and  militiamen  are  clubbing  and 
become  well  acquainted  with  each  other.  They  may  therefore 
presumptively  elect  their  drill-masters  and  commanders  judicious- 
ly enough,  and  better  at  present  than  at  the  revolutionary  war, 
when  Washington  complained  that  they  did  not  always  elect  gen- 
tlemen. But  if  not  trustworthy  in  this  instance,  why  allow  them 
to  elect  the  highest  state  judges  and  other  officials  ?  Is  there  not 
a  good  deal  of  inconsistency  and  lack  of  principle  in  such  legis- 
lation ? 

"  4.  The  legislature  shall,  by  law,  direct  the  time  and  manner  of  electing 
militia  officers,  and  of  certifying  their  election  to  the  governor." 

Superfluous,  because  matter-of-course. 
"  5.  The  commissioned  officers  of  the  militia  shall  be  commissioned  by  the 


OATHS.  281 

governor ;  and  no  commissioned  officer  shall  be  removed  from  office,  unless 
by  the  senate  on  the  recommendation  of  the  governor,  stating  the  grounds 
on  which  such  removal  is  recommended,  or  by  the  decision  of  a  court-martial, 
pursuant  to  law.  The  present  officers  of  the  militia  shall  hold  their  commis- 
sions subject  to  removal  as  before  provided." 

A  curious  proviso,  separating  the  appointing  and  removing 
power  there  where  strict  subordination  is  the  first  requisite  to 
make  the  institution  effective.  Much  more  regard  is  paid  to  the 
militia  than  to  the  judiciary. 

"6.  In  case  the  mode  of  election  and  appointment  of  militia  officers  hereby 
directed,  shall  not  be  found  conducive  to  the  improvement  of  the  militia,  the 
legislature  may  abolish  the  same  and  provide  by  law  for  their  appointment 
and  removal,  if  two  thirds  of  the  members  present  in  each  house  shall  con- 
cur therein." 

This  proves  that  the  whole  article  is  superfluous.  But  it  is  sig- 
nificant in  regard  to  principles. 


LETTER    XIX. 

Oaths.  —  Test.  —  Abuse   of  Oaths. — Literal  Interpretation.  —  Scandal   in 

Courts. 

WE  come  now  to  some  formalities. 

ARTICLE   XII. 

Oaths. 

"Members  of  the  legislature,  and  all  officers,  executive  and  judicial,  ex- 
cept such  inferior  officers  as  may  be  by  law  exempted,  shall,  before  they  enter 
on  the  duties  of  their  respective  offices,  take  and  subscribe  the  following  oath 
or  affirmation  : — 

"  '  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be),  that  I  will  support 
the  constitution  of  the  United  States,  and  the  constitution  of  the  state  of 
New  York,  and  that  I  will  faithfully  discharge  the  duties  of  according 

to  the  best  of  my  ability.' 

"And  no  other  oath,  declaration,  or  test,  shall  be  required  as  a  qualifica- 
tion for  any  office  or  public  trust." 

This  is  in  conformity  with  the  federal  constitution,  and  very 
well  that  the  state  officials  shall  be  bound  to  support  this  constitu- 
tion ;  but  I  think  the  improvement  elsewhere  proposed  upon  the 
preamble  of  this  constitution,  will,  notwithstanding,  find  favor 
with  the  people  at  large ;  because  it  places  the  intimate  connec- 
tion between  the  states  created  by  the  federal  constitution  in  the 


282  MUNICIPAL   GOVERNMENT. 

true  light.  We  all  love  our  homes  and  their  constitutional  rights 
and  order,  but  appreciate  not  less  on  this  account  our  confedera- 
tion and  its  priceless  blessings.  That  improvement  binds  the 
whole  state,  and  not  some  officials  only.  The  last  sentence  is  not 
so  clear  as  that  in  the  third  section  of  the  third  article  of  the 
federal  constitution.  Before  the  word  "  test "  should  be  found 
the  word  "  religious."  That  "  no  religious  test  shall  ever  be  re- 
quired as  a  qualification  to  any  office  or  public  trust  under  the 
United  States,"  in  consequence  of  which  all  our  state  constitutions 
have  abolished  this  test,  should  have  had  a  radical  reforming  in- 
fluence upon  the  peculiar  custom  of  the  English  law,  which 
requires  a  special  oath  in  almost  all  transactions  before  the  court. 
The  plaintiff  complains  upon  oath,  the  defendant  answers  upon 
oath,  and  denies,  in  most  cases,  upon  no  other  ground  than  the 
hope  that  the  plaintiff  may  not  be  able  to  prove  the  claim,  thus 
committing  perjury.  We  should  have  been  induced  by  this  pre- 
cedent of  the  federal  constitution  to  reform  this  universally- con- 
demned and  most  immoral  feature  of  the  English  law-code  at 
once :  not  so  Great  Britain,  where  the  religious  test  is  still  lawful. 
Let  it  be  understood  that  transactions  before  a  court  are  self-evi- 
dent. A  court  sits  to  elicit  the  truth  in  a  civil  or  criminal  case, 
in  the  name  of  the  state.  Whatever  the  parties  called  in  court 
affirm  or  deny,  is  affirmed  or  denied  before  the  government  repre- 
sented by  the  court.  The  papers  delivered  by  the  parties,  the 
records  of  the  court,  containing  the  substance  of  the  transactions, 
are  official  public  documents  and  property,  and,  in  virtue  of  the 
state  authority  of  the  court,  perfectly  conclusive  by  themselves. 
The  common  custom  of  asking  from  a  plaintiff  an  oath  about  his 
libel,  and  one  from  the  defendant  about  his  answer,  etc.,  presup- 
poses that  the  sitting  of  the  court  is  not  authoritative  or  official. 

As  matters  are  with  us,  a  judge  who  sits  without  a  religious 
test,  has  no  right  to  inquire  into  the  religious  tenets  of  parties  or 
witnesses.  A  man  must  be  believed  in  court  until  the  reverse  of 
what  he  does  or  says  is  proved.  Should  he  commit  a  falsehood, 
he  acts  as  criminally  as  if  he  had  acted  upon  oath ;  because,  by 
doing  so,  he  violates  the  truth,  the  authority  of  the  court,  and  the 
state  government,  which  is  set  up  for  the  purpose  of  realizing 
truth  and  justice.  A  falsehood  committed  in  court  is  a  kind  of 
treasonable  act  against  the  state. 


LAW  INTERPRETATION.  283 

There  are  more  immoral  or  irrational  features  in  the  English 
jurisprudence,  with  which  it  is  high  time  to  dispense.  One  is  the 
prevalent  literal  interpretation  of  the  law,  without  a  due  regard 
to  the  rational  interpretation,  which  alone  deserves  the  name  of 
interpretation.  The  word  signifies  nothing  without  regard  to  its 
spirit.  Suppose  the  law  should  dispose  that  Congress  shall  meet 
at  the  capitol  in  Washington,  on  the  first  Monday  of  December, 
and  it  should  happen  that  the  capitol  was  destroyed  by  fire  before 
this  time,  then,  according  to  the  literal  interpretation  in  vogue, 
Congress  could  not  meet  at  all,  there  being  no  capitol ;  but  ac- 
cording to  rational  interpretation,  the  meeting  of  Congress  would 
be  considered  as  the  principal  object,  the  house  or  place  of  assem- 
blage as  secondary,  and  therefore  no  obstruction  happen,  pro- 
vided a  place  of  meeting  was  anywhere  left  for  Congress.  An- 
other example,  founded  upon  facts.  The  law  ordains  that  the 
electors  of  the  President  shall  meet  on  a  certain  day  at  the  state 
capitals  to  cast  their  votes.  The  electors  of  the  state  of  Wiscon- 
sin, as  has  been  stated,  were,  in  1856,  detained  by  a  violent  snow- 
storm, and  did  not  reach  their  place  of  convention  on  that  day ; 
wherefore  the  vote  of  that  state  was  considered  lost,  according  to 
the  literal  interpretation,  while,  according  to  the  rational  under- 
standing of  the  law,  the  casting  of  the  vote,  as  the  principal  business, 
should  have  proceeded  as  soon  as  those  electors  could  surmount 
the  natural  obstacles,  which  was  alone  necessary  to  prove  or  cer- 
tify at  the  place  of  meeting,  to  make  the  casting  of  their  votes 
one  or  two  clays  after  the  snow-storm  and  appointed  date  perfectly 
legal ;  and  thus  the  order  and  legality  of  the  whole  presidential 
vote  would  have  been  saved,  while,  by  the  literal  interpretation, 
quite  the  reverse  result  might  have  taken  place.  Suppose  the 
snow-storm  should  have  visited  Pennsylvania,  then  Mr.  Fremont, 
with  the  help  of  a  political  snow-storm,  would  have  carried  the 
election.  Such  curiosities  may  be,  and  are  in  fact  daily  the  result 
of  literal  interpretation,  which,  when  applied  to  criminal  law,  is, 
in  many  instances,  the  shield  of  evident  criminality  and  the  pro- 
lific source  of  savage  mobism,  roguery,  and  corruption.  This  is 
repugnant  to  common  sense  and  morality,  too. 

I  mention  further  that  trials  of  scandalous  and  obscene  cases 
should  not  be  public,  to  prevent  the  courts  becoming  the  adverti- 
sers and  publishers  of  scandalous,  immoral  reports,  which,  to  cir- 


284  MUNICIPAL   GOVERNMENT. 

culate  in  book-form,  is  prohibited  by  special  law.  You  will  excuse 
these  remarks  here,  but  they  spring  up  by  the  association  of  ideas. 
Laws  should  be  strictly  logical,  common-sense,  and  moral.  Sound 
public  opinion,  and  absence  of  licentiousness  in  the  press,  will  be 
the  result.  Thus  a  good  state  constitution  may  have  a  great  in- 
fluence upon  the  promotion  of  morals,  and  even  good  taste  in 
general ;  more,  perhaps,  than  science  and  art  combined. 


LETTER   XX. 

Amendments.  —  Miscellaneous.  —  Election  Results  in  Kegard  to  Migration.  — 
Governor  Hammond's  Speech.  —  Bound  and  Free  Labor.  —  Vox  Populi 
—  Franklin. 

WE  have  arrived  at  the  end  of  the  constitution. 

ARTICLE    XIII. 

Amendments. 

"  1.  Any  amendment  or  amendments  to  this  constitution  may  be  proposed 
in  the  senate  and  assembly;  and  if  the  same  shall  be  agreed  to  by  a  majority 
of  the  members  elected  to  each  of  the  two  houses,  such  proposed  amendment 
or  amendments  shall  be  entered  on  their  journals  with  the  yeas  and  nays  taken 
thereon,  and  referred  to  the  legislature  to  be  chosen  at  the  next  general  elec- 
tion of  senators,  and  shall  be  published,  for  three  months  previous  to  the  time 
of  making  such  choice,  and  if  in  the  legislature  so  next  chosen,  as  aforesaid, 
such  proposed  amendment  or  amendments  shall  be  agreed  to  by  a  majority 
of  ail  the  members  elected  to  each  hojuse,  then  it  shall  be  the  duty  of  the  legis- 
lature to  submit  such  proposed  amendment  or  amendments  to  the  people,  in 
such  manner  and  at  such  time  as  the  legislature  shall  prescribe;  and. if  the 
people  shall  approve  and  ratify  such  amendment  or  amendments,  by  a  ma- 
jority of  the  electors  qualified  to  vote  for  members  of  legislature,  voting  there- 
on, such  amendment  or  amendments  shall  become  part  of  the  constitution." 

A  similar,  but  less  verbose  proviso  occurs  in  the  federal  con- 
stitution. 

"  2.  At  the  general  election  to  be  held  in  the  year  eighteen  hundred  and 
sixty-six,  and  in  each  twentieth  year  thereafter,  and  also  at  such  time  as  the 
legislature  may  by  law  provide,  the  question,  '  Shall  there  be  a  convention  to 
revise  the  constitution  and  amend  the  same  V  shall  be  decided  by  the  electors 
qualified  to  vote  for  members  of  the  legislature ;  and  in  case  a  majority  of  the 
electors  so  qualified,  voting  at  such  election,  shall  decide  in  favor  of  a  con- 
vention for  such  purpose,  the  legislature  at  its  next  session,  shall  provide  by 
law  for  the  election  of  delegates  to  such  convention." 


MISCELLANEOUS.  285 

A  constitution  which  makes  in  such  a  sweeping  manner  the 
whole  judiciary  elective,  will  ruin  the  morals  of  a  society  in  such 
a  large  state  as  New  York,  which  is  so  much  inflated  by  immi- 
gration, in  a  very  short  time.  Hence  the  urgent  necessity  of 
amending  it. 

ARTICLE    XIV. 

Miscellaneous. 

"  1.  The  first  election  of  senators  and  members  of  assembly,  pursuant  to 
the  provisions  of  this  constitution,  shall  be  held  on  the  Tuesday  succeeding 
the  first  Monday  of  November,  one  thousand  eight  hundred  and  forty-seven. 

"  The  senators  and  members  of  assembly  who  may  be  in  office  on  the  first 
day  of  January,  one  thousand  eight  hundred  and  forty-seven,  shall  hold  their 
offices  until  and  including  the  thirty-first  day  of  December  following  and  no 
longer. 

"  2.  The  first  election  of  governor  and  lieutenant-governor  under  this  con- 
stitution, shall  be  held  on  the  Tuesday  succeeding  the  first  Monday  of  No- 
vember, 1848;  and  the  governor  and  lieutenant-governor  in  office  when  this 
constitution  shall  take  effect,  shall  hold  their  respective  offices  until  and  in- 
cluding the  31st  day  of  December  of  that  year. 

"  3.  The  secretary  of  state,  comptroller,  treasurer,  attorney-general,  district 
attorneys,  surveyor-general,  canal  commissioners,  and  inspectors  of  state 
prisons,  in  office  when  this  constitution  shall  take  effect,  shall  hold  their  re- 
spective offices  until  and  including  the  31st  day  of  December,  1847,  and  no 
longer.  " 

"  4.  The  first  election  of  judges  and  clerk  of  the  court  of  appeals,  justices, 
of  the  supreme  court  and  county  judges,  shall  take  place  at  such  time  between 
the  first  Tuesday  of  April  and  the  second  Tuesday  of  June,  1847,  as  may  be 
prescribed  by  law.  The  said  courts  shall  respectively  enter  upon  their  duties, 
on  the  first  Monday  of  July,  next  thereafter,  but  the  terra  of  office  of  said 
judges,  clerk,  and  justices,  as  declared  by  this  constitution,  shall  be  deemed 
to  commence  on  the  first  day  of  January,  1848. 

"5.  On  the  first  Monday  of  July,  1847,  jurisdiction  of  all  suits  and  pro- 
ceedings then  pending  in  the  present  supreme  court  and  court  of  chancery, 
and  all  suits  and  proceedings  originally  commenced  and  then  pending  in  any 
court  of  common  pleas  (except  in  the  city  and  county  of  New  York),  shall 
become  vested  in  the  supreme  court  hereby  established.  Proceedings  pend- 
ing in  courts  of  common  pleas  and  in  suits  originally  commenced  injustices' 
courts  shall  be  transferred  to  the  county  courts  provided  for  in  this  constitu- 
tion, in  such  manner  and  form,  and  under  such  regulation  as  shall  be  pro- 
vided by  law.  The  courts  of  oyer  and  terminer  hereby  established,  shall,  in 
their  respective  counties,  have  jurisdiction,  on  and  after  the  day  last  men- 
tioned, of  all  indictments  and  proceedings  then  pending  in  the  present  courts 
of  oyer  and  terminer;  and  also  of  all  indictments  and  proceedings  then  pend- 
ing in  the  present  courts  of  general  sessions  of  the  peace,  except  in  the  city 
of  New  York,  and  except  in  cases  of  which  the  courts  of  sessions  hm/by 


286  MUNICIPAL   GOVERNMENT. 

established  may  lawfully  take  cognisance  ;  and  of  such  indictments  and  pro- 
ceedings the  courts  of  sessions  hereby  established,  shall  have  jurisdiction  on 
and  after  the  day  last  mentioned. 

"  6.  The  chancellor  and  the  present  supreme  court  shall,  respectively,  have 
power  to  hear  and  determine  any  of  such  suits  and  proceedings  ready  on  the 
first  Monday  of  July,  1847,  for  hearing  or  decision,  and  shall,  for  their  ser- 
vices therein,  be  entitled  to  their  present  rates  of  compensation  until  the  first 
day  of  July,  1848,  or  until  all  such  suits  and  proceedings  shall  be  sooner 
heard  and  determined.  Masters  in  chancery  may  continue  to  exercise  the 
functions  of  their  office  in  the  court  of  chancery,  so  long  as  the  chancellor 
shall  continue  to' exercise  the  functions  of  his  office  under  the  provisions  of 
this  constitution. 

"  And  the  supreme  court  hereby  established  shall  also  have  power  to  hear 
and  determine  such  of  said  suits  and  proceedings  as  may  be  prescribed  by 
law. 

"  7.  In  case  any  vacancy  shall  occur  in  the  office  of  chancellor  or  justice  of 
the  present  supreme  court,  previously  to  the  first  day  of  July,  1848,  the  gov- 
ernor may  nominate,  and  by  and  with  the  advice  and  consent  of  the  senate, 
appoint  a  proper  person  to  fill  such  vacancy.  Any  judge  of  the  court  of  ap- 
peals or  justice  of  the  supreme  court,  elected  under  this  constitution,  may  re- 
ceive and  hold  such  appointment. 

"  8.  The  offices  of  chancellor,  justice  of  the  existing  supreme  court,  circuit 
judge,  vice-chancellor,  assistant  vice-chancellor,  judge  of  the  existing  county 
courts  of  each  county,  supreme  court  commissioner,  master  in  chancery,  ex- 
aminer in  chancery,  and  surrogate  (except  as  herein  otherwise  provided),  are 
abolished  from  and  after  the  first  Monday  of  July,  1847. 

"  9.  The  chancellor,  the  justices  of  the  present  supreme  court,  and  the  cir- 
cuit judges,  are  hereby  declared  to  be  severally  eligible  to  any  office  at  the 
first  election  under  this  constitution. 

"  10.  Sheriffs,  clerks  of  counties  (including  the  register  and  clerk  of  the 
city  and  county  of  New  York),  justices  of  the  peace  and  coroners,  in  office 
when  this  constitution  shall  take  effect,  shall  hold  their  respective  offices  un- 
til the  expiration  of  the  term  for  which  they  were  respectively  elected. 

"11.  Judicial  officers  in  office  when  this  constitution  shall  take  effect  may 
continue  to  receive  such  fees  and  perquisites  of  office  as  are  now  authorized 
by  law,  until  the  first  day  of  July,  1847,  notwithstanding  the  provisions  of 
the  twentieth  section  of  the  sixteenth  article  of  this  constitution. 

"  12.  All  local  courts  established  in  any  city  or  village,  including  the  su- 
perior court,  common  pleas,  sessions,  and  surrogate's  courts  of  the  city  and 
county  of  New  York/  shall  remain,  until  otherwise  directed  by  the  legislature 
with  their  present  powers  and  jurisdiction ;  and  the  judges  of  such  courts  and 
any  clerks  thereof  in  office  on  the  first  day  of  January,  1847,  shall  continue 
in  office  until  the  expiration  of  their  terms  of  office,  or  until  the  legislature 
shall  otherwise  direct. 

"  13.  This  constitution  shall  be  in  force  from  and  including  the  first  day  of- 
January,  1847,  except  as  is  herein  otherwise  provided." 


NEW   YORK  ELECTION.  287 

Clause  eight  contains  valuable  reforms,  but  the  judiciary  of 
this  state  is  still  in  need  of  more.  It  is  desirable  to  avoid  sweep- 
ing changes  in  our  states,  and  I  do  not  propose  one.  The  adapta- 
tion of  the  districts  to  the  business  is  an  easy  thing,  and  the  most 
important  part  of  the  activity  of  our  municipal  legislatures.  If 
we  prune  the  towns  and  counties  and  plant  out  new  ones  at  the 
right  season,  they  will  remain  healthy  and  vigorous,  and  never  rot, 
or  become  the  seat  of  corruption.  Am  I  then  not  right,  when  I 
say,  that  not  exactly  man,  but  the  wrong,  careless,  political  dis- 
trictfng  of  our  society  is  the  cause  of  our  troubles,  and  want  of 
public  virtue  ?  The  prevalent  idea  that  a  republic  is  a  land 
where  rogues  have  fair  play,  must  be  destroyed  by  a  good  ad- 
ministration of  justice. 

Some  of  my  letters  have  been  written,  and  also  published, 
during  the  late  presidential  campaign.  If  those  should  too  much 
savor  of  time,  I  wish  you  may  bear  in  mind,  that  there  will  be 
more  presidential  elections,  more  changes  of  United  States  dynas- 
ties. With  a  few  modifications,  or  modulations  perhaps,  the  same 
issues  will  be  again  started  in  1860.  Parties  are,  by  our  exceed- 
ingly liberal  federal  constitution,  narrowed  down  to  a  very  few 
platform  topics  for  the  feuds  about  the  offices  or  spoils.  This 
force,  however,  is  greater  in  proportion  to  the  population  of  a 
state.  This  induces  me  to  spend  a  few  lines  on  the  result  of  this 
election  in  the  state  of  New  York.  I  consider,  on  the  whole, 
the  national  election  excitements  as  wholesome  social  movements, 
because,  by  extending  over  an  immense  area,  traversed  by  tele- 
graphs and  steam-engines,  they  promote,  simultaneously,  a  most 
variegated  general  investigation  of  important  principles,  and, 
having  more  or  less  reference  to  the  Union,  quicken  the  instinct 
of  patriotism,  which  so  easily  dies  away  in  the  common  business 
routine  of  every  day  life.  One  of  the  foremost  issues  in  the  can- 
vass of  1856,  was  the  principle  of  free  migration  to  new  terri- 
tories. With  reference  to  the  culture  of  land,  there  are  two 
classes  of  migrators  in  the  United  States,  one  depending  upon 
free,  the  other  upon  bound  labor.  They  were  represented  by 
political  parties.  The  first  pretended  that  Congress  possessed  the 
right  to  forbid  the  bound-labor  migration  to  new  territories  (free 
soil)  ;  the  latter  sided  with  the  present  practice  of  Congress,  sanc- 
tioned by  the  Kansas  and  Nebraska  act,  mentioned  by  me  before, 


288  MUNICIPAL   GOVERNMENT. 

namely,  that  Congress  has  no  power  to  exclude  this  kind  of  migra- 
tion, and  that  it  lodged  in  the  legislatures  of  the  states  in  concern. 
This  party  has  been,  generally  successful  in  the  election  of  1856, 
but  not  in  the  state  of  New  York  (although  in  New  York  city), 
and  this  appears  as  a  curious  freak  of  public  opinion.  It  is, 
under  the  federal  constitution,  as  we  have  seen,  a  matter  of  course, 
that  the  inhabitants  of  these  territories  have,  when  they  form  a 
state,  the  right  to  decide  for  themselves  whether  bound  labor 
shall  be  tolerated  therein,  or  not.  The  result  of  this  policy 
should  now  be,  that  there  never  will  be  formed  again  a  state  ex- 
pressly sanctioning  bound  labor,  where  free  labor  is  practicable. 
Free  labor  being  the  rule,  all  unsettled  territories,  and  all  slave 
states,  are  open  to  unlimited  immigration  from  all  states,  and,  ac- 
cording to  the  present  practice,  from  all  parts  of  the  world,  China 
included.  On  the  side  of  free  labor  we  have  in  the  United  States 
seventeen  millions,  in  the  Canadas  four  millions,  in  Europe  about 
one  hundred  millions,  and  in  Asia  uncounted  millions,  furnishing 
immigrants,  while  on  the  side  of  bound  labor  we  have  but  ten 
millions,  all  counted,  or  more  properly,  only  six  millions,  after 
deducting  four  millions  of  bound  laborers,  who  can  not  migrate 
on  their  own  account,  furnishing  immigrants.  Can  there  be  a 
chance  of  a  majority  in  a  territory  or  a  new  state,  fit  for  white 
labor,  for  the  immigration  from  the  six  millions  on  the  side  of 
slave-labor,  against  the  immigration  from  the  uncounted  millions 
on  the  side  of  free  labor?  I  should. think  not,  and  so  thought 
Governor  Hammond  in  a  late  speech.  But,  as  long  as  the  Mis- 
souri compromise  divided  the  Union  in  two  parts,  people  on  the 
southern  or  bound-labor  side  had  a  right  to  the  formation  of  slave 
states  south,  and  Congress  was  bound  to  support  them,  if  this  line 
drawn  by  an  act  of  Congress  had  not  been  a  mere  abstraction. 
But,  by  the  abolition  of  this  line,  "the  greatest  liberty  is  given  to 
migration. 

Was  it  not  now,  I  ask,  after  this  digression,  rather  singular  that 
the  people  in  the  state  of  New  York,  through  which  flows  the  great 
mundane  stream  of  eastern  migration  on  rivers  and  lakes,  on  state 
canals  and  railroads,  voted  at  that  time  against  free  migration, 
which  is  so  highly  advantageous  for  those  public  and  diverse  pri- 
vate interests. 

The  vox  populi,  as  Franklin  says,  never  can  be  the  vox  dei, 


PRISONS.  289 

unless  it  comes  from  honest  men.  It  is  -to  be  seen  at  the  next 
national  election  what  will  be  the  pleasure  of  this  vox  populi  in 
this  .leading  state. 

But,  my  dear  children,  I  have  done  now  with  this  great  state 
and  its  constitution.  May  my  unpretending  remarks  lead  to  fur- 
ther investigations  and  more  thorough  inquiries  into  the  art  of 
realizing  justice,  especially  at  the  present  time,  when  soon  a  popu- 
lar vote  will  be  cast  on  the  organic  law  of  this  commonwealth. 


LETTER    XXI. 

Prisons.  —  Penal  Colonies  on  the  Western  Plains,  in  the  Rocky  Mountains. 
—  Police.  —  Prison  Associations.  —  Missionary   Societies.  —  Bible. 

THE  best  laws  remain  inert  if  not  well  executed.  The  moral 
tendency  of  the  laws  and  the  aim  for  which  they  are  made,  viz., 
the  protection  of  life  and  property,  require  punishment  and  re- 
straint of  criminal  unruly  men.  It  is  one  of  the  uncomfortable 
qualities  of  republics,  that  they  are  rather  favorable  to  the  devel- 
opment and  accumulation  of  mischief.  Liberty,  sweet  liberty, 
will  be  abused  by  children  and  adults.  The  stream  of  migration 
does  not  alone  fertilize  our  world-wide  territory,  no,  it  also  depos- 
ites,  especially  in  large  places  where  people  are  fond  of  congre- 
gating, mischievous  detritus.  Macchiavelli  thought  of  that,  and 
gave  his  prince  the  advice  to  take  good  care  of  the  amusement 
and  industry  of  his  subjects  by  shows,  circences,  exhibitions,  pop- 
ular festivals,  following  an  old  maxim  of  mothers  who,  when  teased 
by  mischievous  children,  try  to  divert  their  mind  by  play  or  pleas- 
ant occupation,  well  knowing  that  this  is  a  better  method  of  cor- 
recting mischievous  habits,  than  scolding,  whipping,  or  coercing. 
Mischievous  adults  should  be  disciplined  in  a  similar  manner. 

Instead  of  confining  them  in  penitentiaries,  the  special  object 
of  this  letter,  and  forcing  them  with  the  whip  to  work  for  the  ad- 
vantage of  speculators,  and  depriving  them  of  the  free  exercise 
of  their  will,  the  great  agent  of  self-improvement,  we  should  rather 
try  to  occupy  them  on  the  common  land  out  west  with  labor  for 
their  own  exclusive  benefit.  Instead  of  forming  factory-labor 

13 


290  MUNICIPAL   GOVERNMENT. 

penal-colonies  in  Sing  Sing  and  Auburn,  we  should  establish  agri- 
cultural and  industrial  penal  colonies  on  our  great  western  plains, 
on  the  grazing  grounds  of  the  buffaloes,  in  the  Rocky  mountains, 
on  the  Mexican  frontiers,  for  the  alarmingly-increasing  great  num- 
ber of  convicts.  This  local  advantage  renders  the  plan  very 
practicable. 

Statesmen  or  politicians  who  really  wish  to  manage  the  state 
according  to  St.  Paul's  sound  doctrine,  that  is,  for  the  true  benefit 
of  the  fallen  man,  should  take  warning  from  the  rapid  progress 
of  kindred  arts  and  sciences.  The  noble  medico-surgical  art, 
which  aims  at  the  delivery  of  man  from  physical  suffering?,  but 
half  a  century  ago  shed  streams  of  blood  to  cure  fevers,  which 
are  in  most  instances  simple  curative  reactions  of  the  system,  now 
controlled  by  a  few  harmless  medicaments  or  water,  and  crippled 
thousands  by  perilous  operations,  now  obviated  by  simply  assisting 
nature  in  restoring  the  injured  limb.  What  immense  change  has 
also  come  over  theology,  the  time-honored  art  of  curing  sin  ?  Is 
there  now  a  single  common-sense  man  in  Christendom  who  thinks 
or  believes  that  religion  without  good  works  is  of  any  use  ?  where 
are  the  votaries  of  idolatry,  self-castigation,  witchcraft?  I  dare 
not  describe  the  stupendous  progress  of  the  mechanical  arts  in  all 
their  branches.  Where  are  the  caravals,  show-coaches,  wooden 
telegraphs,  blunderbusses,  etc.1?  Shall  then  the  most  noble  art  of 
politics,  which  has  to  cure  lawlessness,  dishonesty,  aud  crime,  re- 
main with  its  penitentiary  and  workhouse  castles,  and  other 
clumsy  contrivances  for  ever  behind  time?  It  should  be  the 
greatest  ambition  of  a  free  generous  people  to  reform  those  anti- 
quated things.  Neither  man,  animal,  nor  plant  will  ever  improve 
in  prison  confinement.  Liberty  .is  the  basis  and  essence  of  the 
development  of  everything.  If  the  good  old  book  says :  "  let  the 
captive  free,"  it  means,  place  him  there  where  liberty  does  not 
tempt  him  to  do  wrong.  Congress  and  states  must,  in  this  regard, 
act  in  harmony.  Both  are  appointed  for  the  realization  of  justice. 
They  have  nothing  else  to  do. 

The  acquisition  of  immense  tracts  of  wild  land  by  Congress, 
on  general  grounds  of-  doubtful  policy,  may  become  a  source  of 
infinite  benefit  for  society,  if  made  use  of  for  penal  colonies.  Cir- 
cumstances make  the  man ;  alter  these  and  you  will  alter  him,  for 
the  worse  or  better. 


POLICE.  291 

None  of  our  constitutions  are  against  the  establishment  of 
such  settlements.  If  Congress  has  a  right  to  bore  for  water  in 
our  western  desert  and  introduce  camels  there,  it  can  not  object 
to  the  locating  of  colonies  calculated  to  make  use  of  that  water 
and  the  ships  of  the  desert.  If  the  riding  on  camels  shall  not 
remain  an  amusing  occupation  of  our  lieutenants,  we  must  plant 
our  own  thriving  Arabs  in  the  desert  to  profit  by  them. 

Our  state  constitutions  in  particular  are  also  not  against  this 
plan.  If  they  allow  to  shut  men  up  in  castles,  and  force  them  to 
work  there  against  their  will  and  inclination,  even  interfering  thus 
with  the  labor  of  honest  business  men  outside,  they  can  not  forbid 
to  place  men  under  the  canopy  of  heaven,  on  common  land,  in 
order  to  found  by  labor  a  new  home  and  better  life.  There  is 
obviously  nothing  unconstitutional  in  the  plan. 

The  actual  practice  of  the  governors  of  New  York  state  is  in 
favor  of  penal  colonies ;  for  they  begin  to  pardon  criminals  under 
the  condition  that  they  will  quit  the  county  or  state,  as  the  case 
may  be.  This  seems  to  be  an  imitation  of  the  English  circumlo- 
cution practice  in  Australia,  where  convicts  are  set  at  liberty  under 
the  condition  that  they  will  quit  her  Majesty's  dominions.  Still, 
however  this  may  be,  it  will  terminate  in  something  like  a  penal 
colony  ;  for  no  state  will  permit  such  expelled  criminals  to  take 
up  their  residence  therein.  The  "  Sydney  Ducks,"  as  these  Aus- 
tralian legal  exiles  were  called  in  California,  were  hung  by  the 
vigilance  committees,  after  they  had  played  for  a  while  with  the 
courts  the  game  of  hide-and-seek.  Our  politicians  have  no  time 
to  attend  to  such  business  as  the  realization  of  justice  ;  their  office 
affairs  absorb  it  entirely.  People  therefore  must  turn  their  minds 
to  this  subject,  if  they  wish  to  have  their  property  and  lives  pro- 
tected by  a  good  administration  of  justice. 

That  part  of  the  judiciary,  which  has  to  maintain  order  in  large 
towns  is  better  known  now  under  the  name  of  police,  a  force  which 
in  large  cities  is  organized,  uniformed,  drilled,  and  paraded  like 
standing-army  soldiers.  Its  business  is  to  find  out  offenders, 
arrest  them,  and  deliver  them  to  the  courts  for  trial  and  punish- 
ment. Its  operation  is  local,  and  therefore  a  part  of  the  local 
jurisdiction  of  cities,  towns,  and  villages.  As  it  works  at  present, 
its  reputation  is  at  stake,  unless  a  regular  thinning  off  of  the 
villains,  especially  in  densely-built  towns,  shall  soon  be  resorted  to 


292  MUNICIPAL  GOVERNMENT. 

by  transporting  them  ;  for  the  rogues  and  police,  as  matters  now 
stand,  play,  indeed,  a  kind  of  hide-and-seek  game,  to  the  apparent 
satisfaction  of  all  concerned,  except  the  people,  who  have  to  pay 
the  police  bills.  If  the  rogues  are  not  out  on  their  peculiar  nightly 
business  cruises,  the  police  accommodate  them  also  with  lodging 
in  the  station-houses.  The  punishment  amounts  in  the  main  to 
nothing  but  the  providing  of  the  villains  in  fine  castles  with  better 
board  and  lodging  than  they  enjoy  when  they  are  at  liberty. 
When  they  leave  those  castles,  the  hide-and-seek  game  with  the 
police  is  generally  played  over  and  over  again,  at  the  expense  of 
the  generous  people,  who,  although  grumbling,  pay  the  enormous 
costs  good-humoredly.  These  remarks  apply  to  all  large  cities 
here  and  in  Europe,  London  and  Paris  included.  They  are  all 
wretchedly  managed  in  this  respect.  We  complain  that  this  game 
is  especially  enjoyed  by  immigrants.  Well,  in  the  name  of  com- 
mon sense,  why  not  at  once  transport  those  amateur  rogues  and 
voyageur  villains  to  regions  where  stern  necessity  will  force  them 
to  become  honest  laborers  ?  To  give  land  to  those  villains  whose 
greatest  fault  is  that  they  have  none  and  are  not  honest  laborers, 
is  most  certainly  sounder  doctrine  than  to  bestow  it  on  schools  or 
universities.  The  state  institution  has  to  coerce  and  tame  villains, 
and  not  to  teach  good  children  and  educate  nice  young  men.  By 
doing  the  first,  it  protects  the  lives  and  property  of  those  good  men 
who  support  the  institution ;  by  doing  the  latter,  it  unbecomingly 
tampers  with  private  business.  Are  not  those  castles,  then,  mere 
monuments  of  unsound  doctrine  and  political  errors  ?  Moreover 
there  is  a  mass  of  forces  already  at  work  which  may  easily  be 
turned  to  very  good  purposes  in  this  direction. 

I  mention  first  the  prison  associations.  It  must  be  clear  to 
them  that  as  long  as  the  usual  state-prison  system  prevails  their 
exertions  will  turn  in  an  eternal  circle.  To  free  a  man  from 
prison  upon  the  pledge  of  reform  is  very  well ;  but  the  frequent 
relapse  of  the  mischievous  into  their  old  sins  proves  that  society 
gains  nothing  by  it. 

Another  force  to  be  made  available  here  is  the  missionary 
societies.  No  convict  likes  his  prison  with  all  its  appendages  of 
chapels,  schools,  shower-baths,  chains,  whips,  etc.  And  this  is 
natural.  Set  him  free  in  a  distant  settlement,  under  penalty  of 
death  upon  leaving  it  voluntarily,  and  he  will  organize  schools, 


ABOLITIONISTS.  293 

build  churches,  appoint  instructors  himself,  and  like  them  in  the 
bargain.  A  missionary  will  be  his  real  comforter.  Scoffers,  who 
in  their  old  homes  would  never  listen  to  a  sermon,  opened  with 
alacrity,  in  the  California  mining  ranges,  their  saloons  to  the  itin- 
erant preachers. 

The  occasion  is  proper  to  speak  further  that  the  abolitionists 
are  bound  to  second  this  plan.  Their  professed  object  is  to 
deliver  man  from  involuntary  slavery  or.  bondage.  Now  there 
are  in  our  society  no  greater  involuntary  slaves  than  criminals 
shut  up  in  state-prisons.  It  is  true  that  our  African  bound 
laborer  has  a  limited  sphere  of  action  ;  can  not  wander,  can  not 
use  his  full  time  and  abilities  as  he  pleases ;  still,  he  is  reared  in 
this  condition ;  it  is  his  habit,  and  habit,  a  kind  of  bondage,  is 
second  nature.  He  has  no  higher  aspiration,  and,  as  a  general 
thing,  is  perfectly  satisfied  with  his  situation  as  the  slave  of  labor, 
so  that  he  even  honestly  and  voluntarily  returns  to  his  master,  if 
once  decoyed  away  from  him.  He  obviously  is  not  in  need  of  a 
liberator,  and  does  not  ask  for  one,  and  if  he  wishes  to  be  free  he 
can  become  so  by  his  own  exertion.  But  compare  with  him  the 
slave  of  crime — the  convict.  He  is  brought  up  in  liberty;  per- 
haps the  spoiled  son  of  wealth,  and,  if  the  child  of  poverty  and 
vice,  has  tasted  the  sweets  of  freedom,  although  perhaps  con- 
sisting only  in  grog-shop  revelry  and  gratuitous  harangues  of 
demagogues.  What  a  hell  must  be  for  him  a  penitentiary, 
established  by  law  by  the  same  men  with  whom  he  used  to  asso- 
ciate on  equal  terms  !  With  what  infinite  pleasure  would  such 
a  man,  if  there  is  but  a  spark  of  humanity  in  his  heart,  bear 
all  deprivations  in  the  loneness  of  God's  wild  nature,  if  he  only 
can  thus  escape  from  the  drear  cell-existence  in  a  watch-sur- 
rounded state-prison  !  No  man  need  be  a  slave  of  crime  ;  but 
no  man  can  help  being  more  or  less  a  slave  of  labor.  The  Bible 
teaches  this. 

All  agree  that  our  criminal-law  system  and  its  working  is  radi- 
cally wrong.  It  is  nowhere  much  better  in  view  of  the  reform 
of  the  villains.  But  it  must  be  admitted  that  colonizing  has 
always  produced  the  best  results.  Siberia  becomes  thus  an 
inhabited  and  even  civilized  country.  Criminals  have  made 
Australia  inhabitable.  How  much  of  our  far  west  has  been  cul- 
tivated by  outcasts  is  difficult  to  prove,  but  easily  imagined.  Our 


294  MUNICIPAL   GOVERNMENT. 

great  west  is  a  fit  home  for  used-up  men  to  recruit  morally  and 
financially.  The  greatest  and  most  efficient  lever  of  our  culture 
is  honest  labor.  In  dense  society  the  chances  of  it  for  a  criminal 
are  but  few ;  but  in  the  mentioned  regions,  most  abundant  and 
brilliant.  If  this  well-tried  and  very  practical  plan  is  carried 
out  with  circumspection  and  energy,  the  telegraphs  and  railroads 
which  must  soon  span  those  regions  will  find  much  support  by  it. 
This  may  suffice  for  my  purpose. 


LETTER    XXII. 

Large  Cities.  —  Baltimore,  Maryland.  —  Political  History.  —  The  People 
One  Assembly. — First  Constitution,  1650.  —  Extract.  —  Voting.  —  Slav- 
ery. —  Abolition.  —  Divided  Legislature.  —  Trouble.  —  Revolution. —  Con- 
stitution of  1776.  —  Amended. — Judiciary  Appointed.  —  Constitution  of 
1851.  —  Elective  Judiciary. — Executive  elected  by  Districts.  —  City  and 
Country  Jealousy.  —  Cities  Republics  of  the  Middle  Age.  —  Feuds  with 
the  Country  Nobility.  —  Free  Cities  of  Germany.  —  Switzerland.  —  Large 
American  Cities.  —  Their  Separation  from  the  Country.  —  More  such 
Separations.  —  Apathy  and  Disgust  with  the  City  Affairs.  —  New  Orleans. 
—  Baltimore  Vote  on  the  Amending  the  Constitution.  —  Hanse  Towns. — 
Crimes  of  English  Law. — Macaulay.  —  Atlantic  Telegraph  States. 

FROM  a  paternal  desire  to  make  my  politico-constitutional  ex- 
plorations as  complete  and  instructive  as  possible,  I  beg  your  at- 
tention a  little  longer  for  a  few  stray  remarks  on  large  cities. 
These  are  not  only  the  hiding  places  of  rogues,  but  also  the  cen- 
tres of  enterprise,  arts,  sciences,  munificence,  and,  moreover,  the 
germs  of  young  states  and  empires. 

Who  would  forget  what  Boston,  with  her  Hancocks,  has  done 
for  this  great  republic  ?  Alas  !  for  human  inconsistency  !  The 
same  city  is  now  the  nucleus  of  an  implacable  faction  against  this 
Union  !  Of  New  York,  state  and  city,  I  have  written  enough. 
Turn  now  your  eyes  to  Maryland,  with  Baltimore  as  a  centre, 
even  more  overtowering  the  little  Oyster-bay  state  than  stately 
New  York  city  the  Empire  state.  It  is  in  the  same  labor-pains 


BALTIMORE,   MARYLAND.  295 

as  New  York,  in  regard  to  the  regeneration  of  its  constitution, 
while  I  am  writing.  Its  legislative  history  is  interesting.  In 
consequence  of  the  very  liberal  charter  to  the  "  proprietor,"  the 
Marylanders  were  permitted  to  make  their  own  laws,  and.  be- 
ing all  freemen  of  the  same  stamp,  religion,  competency,  and  aspi- 
rations, made  every  one  of  them  an  assemblyman.  This  is  the 
only  specimen  of  popular  sovereignty  which  I  have  met  with  in 
history.  But,  as  it  was  to  be  expected,  this  state,  formed  by  sov- 
ereigns, caused  nothing  but  trouble,  lasted  only  a  very  short  time. 
As  early  as  1639,  a  representative  house  of  assembly  was  elected, 
and,  in  1650,  the  first  written  constitution  enacted,  by  which  the 
legislature  was  divided  between  the  people  and  the  proprietors ! 
The  result  of  this  double-headed  organization  was  constant  dis- 
cord, until  the  Revolution  made  an  end  of  it,  and  was  followed  by 
the  constitution  of  1776,  which  ordained  in  the  main:  — 

That  the  legislature  shall  consist  of  a  senate  and  house  of  dele- 
gates, under  the  name  of  General  Assembly  of  Maryland,  meet- 
ing annually,  to  be  elected  "  by  the  qualified  freemen."  (That  is 
all  the  suffrage  law  we  find  in  this  constitution.) 

That  a  person  of  wisdom,  experience,  and  virtue  shall  be  choseu 
as  governor,  by  the  joint  ballot  of  both  houses,  for  three  years. 

That  five  of  the  most  sensible,  discreet,  and  experienced  men 
shall  be  elected  by  the  senators  and  delegates,  to  be.  the  council  to 
the  governor,  of  whom  the  first  shall  be  acting  governor  during 
vacancy. 

That  the  governor,  with  the  advice  of  the  council,  shall  appoint 
the  judiciary  —  as  the  chancellor,  all  judges  and  justices,  attorney- 
general,  officers  in  the  regular  land  and  sea  service,  officers  of  the 
militia,  registers  of  land  office,  surveyors,  and  all  other  civil  offi- 
cers, (assessors,  constables  —  police,  overseers  of  the  roads,  sheriffs 
excepted,)  and  suspend,  and  remove  any  civil  officer,  who  has  not 
a  commission,  during  good  behavior. 

There  is  no  mention  at  all  made  of  slavery,  which  proves  that 
people  wisely  considered  it  not  as  a  political  thing,  but  as  a  mere 
matter  of  domestic  life,  which,  without  laborers,  bond  or  free,  can 
not  exist. 

This  is  a  significant  fact.  It  shows  the  Africans  were  in  America 
as  in  Africa  not  slaves  by  law,  but  by  usage.  And  I  am  satisfied  that, 
in  our  days,  very  few  of  them  care  little  about  the  laws  and  consti- 


296  MUNICIPAL   GOVERNMENT. 

tutions,  being  entirely  satisfied  with  this  usage  or  custom.  This 
is  wholesome  second  nature.  Those  bound  laborers,  hired  out  in 
cities,  perhaps,  excepted,  none  would  leave  their  masters,  if  servi- 
tude could  be  abolished  by  the  stroke  of  the  pen,  without  the  pre- 
vious consent  of  both  masters  and  slaves.  Has  the  law  more  in- 
fluence upon  free  labor  ? 

This  constitution  has  been  often  amended.  In  regard  to  the 
judiciary,  the  state  was,  in  1803,  divided  into  six  districts,  for 
each  of  which  were  appointed  a  chief-judge  and  two  associates, 
who  composed  the  county-courts  in  each  respective  district.  In 
1805,  a  court  of  appeals  was  created,  whose  members  were  to  be 
appointed  by  the  governor  and  council.  In  1810  it  was  enacted, 
that  the  rights  of  voting  shall  belong  to  every  white  (mark  the 
word  !)  male  citizen  of  above  twenty-one  years  of  age,  having  re- 
sided twelve  months  within  the  state  and  six  months  in  the  county. 
In  1837,  the  article  of  the  constitution  was  abolished  which  prohib- 
ited the  members  of  the  general  assembly  to  hold  any  office  of 
profit,  as  also  the  council,  and  the  senate  were  created  advisers  to 
the  governor.  At  that  time  it  was  also  ordained,  that  the  relation 
between  a  master  and  slave  shall  not  be  abolished,  except  under 
certain  forms  and  for  compensation.  This  shows  the  effect  of  a 
political  opposition  to  this  domestic  affair. 

In  1851,  the  present  constitution  was  established,  and  the  prin- 
cipal difference  from  the  prior  one  is,  that  it  makes,  in  imitation 
of  New  York,  the  judiciary  and  principal  administrative  officers 
elective,  and  creates  a  kind  of  triangular  state  for  the  election  of 
the  governor,  by  providing  that  it  shall  be  divided  into  three  dis- 
tricts, from  one  of  which  he  is  to  be  elected  every  four  years. 
This  is  a  peculiar  feature,  not  occurring  in  any  one  of  the  sev- 
eral states  of  the  Union,  to  my  knowledge. 

This  proviso,  by  obviously  instituting  a  clannish  executive,  more 
for  a  part  than  the  whole  state,  must  have  been  suggested  by  the 
old  antagonism  or  jealousy  hovering  between  country  and  city,* 

*  Traces  of  this  jealousy  appear  on  the  surface  of  the  New  York  harbor 
quarantine  difficulty,  the  remote  cause  of  which,  however,  is  the  misplace- 
ment of  the  whole  business.  This  is  neither  a  county,  city,  or  state,  but  a 
national  or  congressional  business.  Taking  first  our  own  ships,  those,  from 
the  time  of  their  clearance  until  they  are  discharged  again,  sail  under  con- 
gressional papers,  authority,  and  protection.  When  they  arrive  at  quaran- 


COUNTRY   VERSUS   CITY.  297 

which,  in  the  middle  age,  was  the  cause  of  that  brilliant  galaxy 
of  spirited,  enterprising,  intellectual  city  republics,  the  remnants 
of  whom  are  the  present  free  cities  of  Germany.  Switzerland  is 
indebted  to  them  for  its  independence.  They  lived  in  endless 
feuds  with  the  country  nobility  and  their  retainers.  They  became, 
when  victorious,  proud  and  oppressive,  and,  especially  in  Italy, 
the  theatres  of  internal  commotions,  and  then  an  easy  prey  of 
mighty  princes  and  their  intrigues.  This  is  natural.  The  demo- 
cratic form  of  government  can  not  alter  human  nature.  Business 
interests  will  separate  the  cities  still  from  the  country,  and  pro- 
duce mischievous  antagonism,  which,  in  the  length,  can  not  be 
overcome  but  by  a  divorce.  Manhattan  Island,  with  over  600,000 
inhabitants,  mostly  city  people,  is  overripe  for  a  state,  requiring 
a  careful,  very  active  political  management.  Philadelphia,  cover- 
ing an  area  of  129^  square  miles,  with  a  circumference  of  74| 
miles,  and  more  than  400,000  inhabitants  is  for  all  practical  pur- 
poses also  a  state.  Brooklyn,  with  Long  Island,  is  ripe  for  state 
organization.  Baltimore,  and  other  great  marts  must  follow  in  the 
same  wake.  And,  discerning  statesmen  will  admit  the  necessity 
of  dissections  of  this  kind  for  the  counties  east  of  the  Mohawk  river, 
Western  Virginia  with  Wheeling,  Southern  Ohio  with  Cincin- 
nati, etc.  I  can  not  forego  here  the  remark  that  time  and  mu- 
tual advantage  required  similar  divorces  between  Holland  and 
Belgium,  Greece  and  Turkey,  and  they  can  not  be,  in  the  length, 
avoided  in  the  Danubian  provinces,  Austria,  Russia,  England, 
France,  and  other  overgrown  states.  The  monarchs  will  oppose 
it,  still  justice  and  civilization  require  such  dividing  to  reform 
the  corruption  inseparable  from  over-large  centralized  govern- 
ments. It  is  a  law  of  nature,  and  not  a  merelaxiom,  that  only 
small  states  preserve  their  manners  well.  Our  practical  federal 
constitution  has  wisely  foreseen  those  changes.  It  remains,  then, 
only  for  the  practical  people,  and  their  statesmen,  to  come  at  the 
right  time  to  an  understanding  about  that  which  is  "  overgrown," 

tine,  they  alter  not  their  character,  especially  not  when  the  quarantine  should 
be  established  by  state  or  city  laws  and  officials.  It  is  mere  circumlocution 
to  allow  state  quarantine  in  ocean  harbors,  of  which  alone  I  speak.  In  re- 
gard to  foreign  vessels,  those  know  nothing  at  all  about  ocean  state  laws  and 
government.  Congress  can  enforce  by  soldiers  and  vessels  of  war  quaran- 
tine laws,  but  not  the  state  or  a  city,  because  both  have  no  such  forces. 

13* 


298  MUNICIPAL   GOVERNMENT. 

and  act  accordingly.  A  certain  symptom  of  this  political  disease, 
"  overgrown,"  is  the  apathy  of  the  better  class  of  the  inhabitants 
of  overgrown  cities  in  regard  to  their  administration,  and  the  spas- 
modic efforts  to  shake  off  the  incubus  under  which  they  suffer. 
They  are  disgusted  with  their  unwieldly  administration,  and  their 
tampering  with  it  by  the  legislatures,  composed,  of  men  who  do 
not  appreciate  their  state-like  city  interests,  or,  if  they  do,  con- 
sider and  treat  them  as  fat  party  spoils.  The  question  is,  then, 
how  can  this  apathy  and  disgust  be-  cured  ? 

If  the  legislatures  can  not  help  that,  and  do  not  understand  the 
importance  of  the  local  municipal  interests  of  such  large  places, 
how  will  their  citizens  alter  that?  Simply  by  a  timely  divorce, 
just  as  grown-up  children  separate  from  the  paternal  stock  and 
try  their  hand  in  self-management.  A  town  which  has  absorbed 
a  county  and  acquired  the  corpulence  of  a  state,  ought  to  be  or- 
ganized as  a  state.  Nothing. short  of  that  will  cure  that  incubus- 
like  apathy  and  disgust  of  the  citizens.  The  best  and  wisest  of 
the  parents  lose  their  hold  on  out-grown  children.  And  such  a 
separation  will  at  once  shiver  that  pestilential  intrigue  to  atoms, 
which  in  the  far-off  capitals  nestles  and  manages  those  large  cities' 
to  the  disgust  of  their  inhabitants.  They  never  will  get  rid  of  it 
otherwise.  This  also  will  restore  the  authority  of  the  judiciary 
in  such  places.  You  may  then  understand  the  vote  of  the  citi- 
zens in  Baltimore  in  May,  1858,  FOR  the  amending  of  the  consti- 
tution of  1851,  with  an  elective  judiciary,  and  that  of  the  coun- 
try people  AGAINST  it. 

You  may  think  that  a  dividing  of  those  large  cities  into  sepa- 
rate municipalities,  or  independent  business  districts,  would  better 
answer  for  a  lo(*al  reform  than  a  state  organization.  It  would,  no 
doubt,  improve  their  administration,  provided  the  legislatures  alter 
entirely  their  policy  of  intermeddling,  which  virtually  would 
amount  to  a  divorce.  Still,  that  a  political  party  should  do  this  I 
have  great  doubts.  I  cheerfully  admit  that  all  legislatures  are  not 
incompetent,  all  cities  are  not  treated  like  New  York  or  Balti- 
more, still  every  one  of  them  (even  in  puritan  New  England), 
containing  upward  of  forty  thousand  inhabitants,  is  suffering  from 
public  corruption,  debts,  high  taxes,  etc.,  as  I  mentioned  before. 

It  should  then  be  obvious  to  every  person,  that  in  the  right 
proportion  of  population,  state  (county,  town),  size  and  business 


DIVISION    OF   STATES.  299 

is  the  arcanum  of  good  government,  especially  in  republics.  Be- 
ing common  law  with  us  that  the  people,  and  not  Congress,  make 
states,  it  is  a  plain  duty  of  the  people  to  make  them  and  their 
subdivisions  adequate  to  this  proportion.  Our  present  states,  in 
regard  to  size,  are  either  the  product  of  mere  accident,  that  is,  of 
charters  given  by  far-off  monarchs  who  did  not  know  the  country, 
or 'of  congressional  arrangements  for  momentary  territorial  pur- 
poses. Of  course,  Nebraska,  Kansas,  and  California,  as  large  as 
continental  Europe  without  Russia,  are  not  destined  to  be  but  three 
states  for  all  time  to  come  !  Let  us  then  adjust  our  political  dis- 
tricts right  for  the  business  in  order  to  have  this  well  done.  A 
good  system  in  business  is  the  first  thing  needful,  then  comes  the 
appointing  of  the  right  kind  of  business-men  and  their  control. 
Those  never  work  well  without  the  first.  Whoever  has  been  once  in 
the  office  of  one  of  our  city  mayors,  that  of  New  York  especially, 
and  noticed  with  what  mere  clerical  trash  of  every-day  routine 
business,  belonging  to  regular  courts  and  clerks,  they  are  burden- 
ed, will  easily  understand  why  they  have  no  time  for  a  careful 
surveillance  over  all  branches  of  the  city  administration,  and  the 
respective  clerks  and  subalterns.  The  usual  system  is  English — 
circumlocution.  There,  the  lord-mayor  must  positively  tie  the 
sacred  knot,  do  the  business  of  a  justice  of  the  peace  or  police  court. 
Our  own  old  articles  of  confederation  were  strictly  English,  that 
is,  circumlocution.  A  little  attention  to  the  present  state  of  the 
public  affairs  in  England,  and  the  parliamentary  proceedings,  blue 
books,  reform  propositions,  debates,  and  special  committee  reports 
on  military  and  civil  service,  will  convince  that  a  great  change  is 
going  on  there. 

It  is  habit,  wholesome  second  nature,  which  helps  the  English 
subject  to  bear  the  "  crimes  of  English  law,"  as  Lord  Macaulay 
has  it.  But  the  citizens  of  the  United  States  have  done  with  that. 

By-the-by,  I  never  heard  of  vigilance  committees  and  election 
riots,  a  la  Baltimore,  Washington,  New  Orleans,  etc.,  in  the  lit- 
tle German  Hanse  republics.  They  behave  well,  and  are  doing 
well  at  home  and  abroad.  Even  when  Europe  is  in  a  blaze, 
kindled  in  France  or  elsewhere,  they  are  quiet.  They  have,  as 
you  know,  the  largest  merchant  fleet  in  Europe  after  the  English, 
but,  keeping  no  navy,  they  can  not  afford  to  luxuriate  in  opium, 
calico,  civilization  wars,  negro  blockades,  and  visiting  of  other 


300  MUNICIPAL   GOVERNMENT. 

peoples'  ships  in  the  Gulf  of  Mexico  or  elsewhere.  Their  sea- 
men protect  themselves  by  good  habits,  and  are,  therefore,  not 
unlike  ladies,  everywhere  respected.  Their  history  is,  indeed,  a 
beautiful  little  chapter  in  the  book  of  civil  liberty.  But  this  pic- 
ture would-fade  like  flowers  when  touched  by  winter  frost,  if  they 
should  lose  their  sweet  liberty  by  annexation  or  subjection.  Their 
blessed  neutrality  induces  to  the  hope,  that  the  towns  where  the 
Atlantic  telegraph  taps  the  land,  may  be,  in  the  course  of  time, 
declared  neutral,  and  become  something  like  Hanse  towns. 

It  is  good  that  there  are  some  republics  left  in  Europe,  to  serve 
as  precedents. 


LETTER  XXIII. 

Morals.  —  Virtues  and  Vices.  —  Material  of  History,  Arts,  Novels,  Dramas, 
Tragedies.  —  Washington.  —  Citizen     Government.  —  Military    Govern 
ment.  —  Priest  Government.  —  Mexico.  —  The  Canadas.  —  British  North- 
west Territory.  —  The    Lord's    Prayer.  —  Conclusion. 

I  AM  afraid  I  have  often  dwelled  too  long  in  the  preceding 
letters  upon  the  social  moral  influence  of  state  institutions,  and, 
indeed,  all  my  aim  has  been  to  induce  people  and  their  public 
men  to  realize  by  them  exclusively,  justice,  the  first  of  all  virtues; 
but  left  it  to  you  and  my  readers  to  find  out  exactly  what  it  is. 
Every  unselfish,  sensible  man  may  learn  this  first  by  his  own 
experience,  reason,  and  conscience  ;  and  secondly,  from  the  pre- 
cepts of  religion,  the  narratives  of  history,  and  the  example  and 
history  of  good  and  bad  men.  What  is  right  the  law  tells. 
Being  but  men,  and  not  angels,  we  are  not  destined  to  absolute 
moral  perception ;  and  to  this  state  it  must  be  attributed  that  in 
conformity  with  a  dualism  pervading  the  whole  known  creation, 
two  kinds  of  forces  are  eternally  at  work  in  our  life,  which  influ- 
ence our  actions  and  mould  our  destiny.  To  facilitate  the  mem- 
ory of  them  I  have  put  them  down  in  parallel.  Those  of  a  more 
plastic  nature  have  been  beautifully  personified  by  the  ancients.  It 
is  perhaps  superfluous  to  add  that  the  virtues  are  promotive  of  con- 
tent and  happiness,  and  the  vices,  of  disappointment  and  misery 
in  individuals  and  states.  This  is  our  inexorable  fate.  Good 


MORAL  FORCES.  301 

and  bad  deeds  are  recorded  in  the  book  of  time  with  indelible 
ink.  From  the  judgment  of  conscience  there  is  no  appeal,  no 
pardon.  The  remorse  of  a  bad  deed  remains  for  ever.  Read 
then : — 

MORAL    FORCES. 


VIRTUES. 
Justice, 

Self-control,  Attention. 
Honesty. 
Veracity,  Truth. 

Prudence,  Politeness . 

Piety,  Charity. 

Modesty,  Simplicity. 

Economy. 

Patience. 

Sobriety. 

Pudicity. 

Industry. 

Conscientiousness. 

Fortitude,  Glory,  Patriotism. 

Righteousness. 

Love. 

Humanity. 


VICES. 
Injustice. 

Carelessness,  Recklessness. 
Faithlessness,  Dishonesty. 
Falsehood,      Calumny,      Intrigue, 

Slander,  Hypocrisy. 
Imprudence,  Inurbanity. 
Profanity,  Inhumanity,  Avarice. 
Impudence,  Extravagance. 
Prodigality. 
Passion. 
Intemperance. 
Lewdness,  Free  Love. 
Laziness,  Loaferism. 
Treachery,  Perfidy. 
Cowardice,  Bombast,  Treason. 
Villany,  Corruption. 
Hatred,  Vengeance. 
Cruelty,  Barbarism. 


EFFECT. 
Order,  Peace,  Happiness.  \  Anarchy,  War,  Misery. 

This  is  life's  material.  Justice  crowns  the  column  of  virtues. 
The  just  man  combines  within  himself  all  virtues.  He,  accord- 
ing to  St.  Paul,*  needs  no  law,  no  state.  Such  a  man  was  George 
Washington.  He  was  just  to  mankind  and  to  himself.  He 
thought  that  in  our  age  society  may  derive  from  the  citizen  gov- 
ernment what  neither  military  nor  priest  government  have  brought, 
viz.,  justice.  He  had  a  firm  faith  in  his  cause  and  a  just  God. 

Let  me  now  conclude  these  letters.  If  they  should  only  con- 
vince those  who  take  a  sincere  interest  in  our  public  affairs,  that 
in  our  time  the  good  management  of  the  municipal  affairs  is  in- 
finitely more  important  for  the  true  welfare  of  society  than  diplo- 
macy, with  her  eternal  wily  intrigues  for  power  and  conquest,  I 
should  feel  satisfied. 

*  The  passage  in  question  reads  thus  :  "  But  we  know  that  the  law  [stat^j 
is  good,  if  a  man  use  it  lawfully ;  knowing  this  that  the  law  [state]  is  not 
made  for  a  righteous  man,  but  for  the  lawless  and  disobedient,  for  the  un- 
godly and  for  the  sinners,  for  unholy  and  profane,  for  murderers  of  fathers 
and  murderers  of  mothers,  for  manslayers,  for  whoremongers,  for  those  that 
defile  themselves  with  mankind,  for  menstealers,  for  liars,  for  perjured  per- 
sons, and  if  there  be  any  other  thing  that  is  contrary  to  sound  doctrine." 


302  MUNICIPAL  GOVERNMENT. 

Reform  of  public  corruption  must  begin  near  home.  Great 
events  are  ripening  before  our  doors.  Mexico  is  fast  collapsing. 
The  Canadas  and  British  Northwest  provinces  are  daily  gaining 
in  importance.  They  will  form  free  states,  either  separate  or 
united  with  us.  But  will  they  desire  a  union  under  present 
aspects  ?  Time  will  answer  this  question,  not  I. 

"  It  is  righteousness  which  exalteth  a  nation."  We  are  free  to 
choose  the  roads  to  order,  peace,  and  happiness,  or  to  anarchy, 
war,  and  misery. 

Before  you  lay  the  book  aside,  please  peruse  once  more  its  pre- 
face. I  there  maintain  that  a  state  institution  is  either  the  most 
powerful  agent  to  promote  the  sense  of  honesty  and  justice,  the 
mother  of  public -virtue,  or  the  most  effective  machinery  to  sow 
the  seeds  of  vice,  from  which  public  corruption  springs  up,  broad- 
cast over  the  land.  I  have  tried  in  this  book  to  show  how  the 
latter  may  be  prevented,  that  this  institution  may  not  be  further- 
more abused  anywhere  for  fraud,  peculation,  and  corrupting  con- 
trivances of  all  kinds,  counteracting  and  neutralizing  the  influence 
of  the  church,  school,  and  home  education. 

I  must  confess  that  one  of  my  leading  ideas  was  derived  from 
a  petition  in  the  Lord's  prayer,  "  Lead  us  not  into  temptation," 
applied  to  statesmen,  politicians,  and  their  parties  generally. 
People  nowhere  should  tempt  them  with  other  business  than  the 
realization  of  justice  ;  because  this,  and  nothing  else,  will  prevent 
public  corruption,  as  much  as  it  can  be  done.  Sapienti  sat. 

Contribute,  then,  your  mite  to  the  honor  of  our  great  and  beau- 
tiful country.  ADIEU. 


GENERAL  LIBRARY 
UNIVERSITY  OF  CALIFORNIA—  BERKELEY 


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FEB    71955 


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